compensation – All About Estates

Attorney compensation and then some…..

Audrey Miller • October 15, 2018 • 0 Comments

I had the pleasure last week of being a panelist as part of the Canadian Association of Gift Planner’s mentoring & education breakfast, on the topic of Ethics. When I had previously thought of ‘Gift Planning’ I was only considering the Will component, the gift left to a particular charity, once the person had died. I had not fully appreciated all of the challenges that might be experienced when working….

Attorney compensation and then some….. Continue Reading »

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

POA versus Executor Compensation

Angela Casey • October 2, 2015

On 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 Compensation

Love in the Age of Expectation

Justin de Vries • September 15, 2011

In 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 Attorney

Zero Compensation Awarded to Estate Trustee in Watson Estate

Justin de Vries • May 16, 2011

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?….

Zero Compensation Awarded to Estate Trustee in Watson Estate Continue Reading »

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