Passing Of Trustees’ and Executors’ Accounts

Court Set Asides a Release and Orders a Passing of Accounts

Diane Vieira • February 27, 2018 • 0 Comments

An estate trustee may decide to forego passing their accounts because of the associated costs and seek a release from the estate’s beneficiaries instead. However, when the capacity of a beneficiary is in question, a release may be set aside. In Foisey v. Green, the Public Guardian and Trustee (“PGT”) as litigation guardian for Ms. Foisey sought to set aside a release she signed three months before she was found….

Court Set Asides a Release and Orders a Passing of Accounts Continue Reading »

The Honour of Being Named a Trustee?

Corina Weigl • August 18, 2017 • 0 Comments

When you are appointed to act as a “trustee”, you are being asked to take on the control and management of property, but for the benefit of other persons, called the beneficiaries. The beneficiaries are usually family members of the person who established the trust. The person who established the trust may have done so during their lifetime, in which case they are called the “settlor” and the trust is….

The Honour of Being Named a Trustee? Continue Reading »

Passing Of Trustees’ and Executors’ Accounts, Trustee, Trusts

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