Archive for the ‘Executors’ Category

Passing of Accounts – Proportionality and Value

Friday, April 24th, 2015

Many times we have seen honest estate trustees being asked or compelled to pass accounts on the basis of “suspicions”, which frequently arise as a result of broken or strained family relationships. Despite the obligation to keep proper records, a formal passing of accounts is a tedious and often expensive ...

Warring Trustees: More isn’t Always Better

Monday, April 13th, 2015

Two recent court cases look at the perils of choosing multiple estate trustees and attorneys for property.  Often a testator will choose two or more of their children to act as co-estate trustees.   They may feel that it would offend one of their children to not appoint them as ...

MROZ V. MROZ: A RECENT CASE FROM THE COURT OF APPEAL ON JOINT OWNERSHIP

Tuesday, March 31st, 2015

The week before last, the Ontario Court of Appeal released its decision in Mroz v. Mroz, 2015 ONCA 171, The case involved a terminally ill mother, Kay, who in 2004 transferred legal title to her home and sole significant asset into joint tenancy with her daughter, Helen. Contemporaneous with the transfer, ...