In Winkler v. Thompson, the court considered whether a niece who held a power of attorney for property for her uncle (the “Deceased”) but insisted that she never acted in a fiduciary capacity for the Deceased should have to pass her accounts. The Deceased was survived by his estranged spouse…
Today’s blog will provide some points to consider when preparing or responding to a notice of objection to accounts (the “Notice of Objection”). This is a continuation of my series of blogs related to bringing an application to pass accounts (the “Passing Application”).[1] How Does a Beneficiary Object? If a…
Today’s blog is a continuation of my series[1] on bringing an application to pass accounts (the “Passing Application”).[2] After the hearing date is set with the court office and the notice of application issued, the next step is to serve the beneficiaries. The beneficiaries then have an opportunity to review…
In my blog Tips on Bringing a Passing of Accounts Application of March 5, 2021, I provided suggestions on preparing the accounts and drafting the court required documents when bringing an application to pass accounts (the “Passing Application”).[1] In today’s blog, I will share some tips on the next steps in…
In my first blog post (as a guest blogger), I wrote about what a law clerk is and what it is that we do. In today’s blog I will expand on a task that an estate law clerk is frequently involved in – a court passing of accounts – and…
In Viertelhausen v Viertelhausen, the court dismissed an application to remove the estate trustee due to lack of evidence of a true conflict of interest. The deceased, Bote, died without a will. His brother, Bill, obtained a certificate of appointment of estate trustee without a will. The applicant, Teresa (a…
In a recent court decision, the court declined to order costs payable from a modest estate and instead ordered the two parties (both trustees) to pay costs personally. A testamentary trustee, Mr. Cardinal, brought an application to compel estate trustee, Mrs. Perreault, to pass her accounts in her capacity as…
In Foisey v. Green, the Divisional Court allowed an appeal of the application judge’s decision that set aside a release signed by a beneficiary who was later deemed incapable of managing property. I previously wrote about the earlier decision that was under appeal. The appellant, Ms. Green, was an estate…
Passings of accounts can often be bitter and vicious. However, the case of Daniel Estate (Re), 2019 ONSC 2790 was a welcome “good news” alternative to the standard slugfest. Linda and Ted cared for their elderly neighbours Isabel and Wayne for over two decades. The court noted that their relationship…
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”)…