Total 50 Posts
A court application to pass accounts can be a costly and time consuming procedure. As such, courts may be reluctant to order one without a compelling reason. ….
When Will the Court Order an Estate Trustee to Pass his/her Accounts? Continue Reading »
Passing Of Trustees’ and Executors’ AccountsOn Tuesday, September 29, I spoke at an OBA program entitled “The Family Business: Administration and Litigation of Trusts and Estates Holding Business Assets.” At the end of the program, there was an interesting discussion about the distinction between compensation for estate trustees and compensation for POAs or guardians of property appointed pursuant to the Substitute Decisions Act (“SDA”). A regulation to the SDA sets out the prescribed rates of….
POA versus Executor Compensation Continue Reading »
Attorney Compensation, Compensation, Executors, Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney, Trustee, Trustee CompensationAs a trustee or executor of an estate, you may find yourself managing existing or future tax disputes with the Canada Revenue Agency (“CRA”) and the collections department of the CRA at the same time. In a blog written by Peter Aprile of Countertax Lawyers entitled the Canada Revenue Agency Collection Department & Paying Tax Debts in dispute, some issues and related myths were addressed which you may find useful….
CRA Collections: Dealing With Some of the Myths Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, Passing Of Trustees’ and Executors’ Accounts, Tax Issues, Trustee, Trustee Disputes, Trusts, WillsIn two cases decided in 2010, the Court considered whether it was appropriate for an attorney for property to pay herself for care services provided to an aging parent….
Love in the Age of Expectation Continue Reading »
Capacity Law, Elder Care, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of AttorneyThe Office of the Public Guardian and Trustee has multiple functions and involvement in a diverse range of legal proceedings. Most estate practitioners are familiar with the requirements that the Public Guardian and Trustee be served with applications to appoint guardians of property and person and for court approval of settlements involving a person under a disability. However, there are a number of other statutory requirements that necessitate service on the Public Guardian and Trustee that estate practitioners may be less familar with…..
When to Serve the Public Guardian and Trustee Continue Reading »
Capacity Law, Estate Litigation, Passing Of Trustees’ and Executors’ AccountsHow much compensation should be awarded to an estate trustee who has breached her duty of honesty and utmost good faith, was prepared to simply cut a cheque to pay out a claim against the estate without any investigation into its merits, and was prepared to use the threat of destroying the testator’s beloved pets as a means to try to extract benefits for her friends and herself?….
Zero Compensation Awarded to Estate Trustee in Watson Estate Continue Reading »
Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts