Passing Of Trustees’ and Executors’ Accounts

Total 52 Posts

When to Serve the Public Guardian and Trustee

The 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…..

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Capacity Law, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts

Zero Compensation Awarded to Estate Trustee in Watson Estate

How 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?….

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

Tax Reporting Obligations for Trustee and Executor Fees

In general, the payment of amounts for services rendered triggers some form of tax reporting and often, an obligation on the payer to withhold and remit amounts on account of tax. Payments made to trustees and executors are no different.
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Canada Revenue Agency, Canadian and US Tax Treaty, Estate Administration, Estate Planning, Executors, Liability, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trusts

An Award of Full Indemnity Costs is Not a Fantasy

A recent cost decision awards full indemnity costs on a leave motion. The court found that if estate trustees are expected to bear their own litigation costs, they would refuse to be appointed and would also be reluctant to bring proceedings to advance the due administration of the estate…..

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Estate Litigation, Passing Of Trustees’ and Executors’ Accounts
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