Passing Of Trustees’ and Executors’ Accounts – Page 6

My Best Interests, and Yours Too?

Joanna Lindenberg • July 12, 2017 • 0 Comments

The recent case of Tarantino v. Galvano, 2017 ONSC 3535, raises a variety of issues familiar to estate litigators – powers of attorney, capacity, quantum meruit claims, the duty to account and the rules surrounding the removal of an estate’s executor. In this case the deceased, Rosa Filippo Galvano (“Rosa”) had two daughters, Nellie Galvano (“Nellie”) and Giuseppina Bucci (“Giuseppina”), who died in 2007. Giuseppina had two daughters, Rosa Pignatelli and….

My Best Interests, and Yours Too? Continue Reading »

Attorney Compensation, Capacity Law, Caregiving, Compensation, Contracts, Elder Care, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Wills

Estate Trustee Awarded Costs for Unnecessary Passing of Accounts

Diane Vieira • April 12, 2017 • 0 Comments

In a recent court decision, Pochopsky Estate, the court found the Deceased’s four children (the “Beneficiaries”) jointly and severally liable for the estate trustee’s costs related to an application compelling him to pass his accounts. The Beneficiaries had obtained an order compelling the estate trustee to account. The court ultimately found that the application was unnecessary and awarded the estate trustee his costs payable by the Beneficiaries. In his will,….

Estate Trustee Awarded Costs for Unnecessary Passing of Accounts Continue Reading »

Costs, Passing Of Trustees’ and Executors’ Accounts

No limitation period for attorney compensation

Jacob Kaufman • January 4, 2017

What is the limitation period for an attorney to seek compensation on a passing of accounts? In Armitage v. The Salvation Army, 2016 ONCA 971, the Court of Appeal confirmed that there is no such limitation period (although the equitable doctrine of laches and acquiescence can be asserted). In Armitage, the attorney for property brought an application to pass her accounts almost two years after the death of the grantor….

No limitation period for attorney compensation Continue Reading »

Attorney Compensation, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney

PASSING OF ACCOUNTS – PART II “HOW IS IT DONE?”

Paul Fensom • October 31, 2016

In my previous blog post, I discussed the “what” and “why” of a passing of accounts. In this blog, I will provide a quick refresher on the technical process for a passing of accounts….

PASSING OF ACCOUNTS – PART II “HOW IS IT DONE?” Continue Reading »

Estate Administration, Passing Of Trustees’ and Executors’ Accounts

Family feuds, horse-drawn carriages, vintage automobiles, and brotherly love gone stale

Justin de Vries • September 7, 2016

Family feuds are routinely unpleasant and usually ugly. Unfortunately, estate disputes prove the rule. Passions and emotions are inflamed and sound judgment is often in short supply. However, warring litigants who look to the court for absolution or vindication are often sorely disappointed…..

Family feuds, horse-drawn carriages, vintage automobiles, and brotherly love gone stale Continue Reading »

Estate Administration, Estate Litigation, Family Conflict, Passing Of Trustees’ and Executors’ Accounts

PASSING OF ACCOUNTS – PART I “WHAT DOES IT MEAN and WHY IS IT NECESSARY?”

Paul Fensom • August 22, 2016

As part of any administration, it is important for the Executor or Trustee to maintain records of all transactions taking place within the estate or trust….

PASSING OF ACCOUNTS – PART I “WHAT DOES IT MEAN and WHY IS IT NECESSARY?” Continue Reading »

Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts