All About Estates

Tag: passing of accounts

Total 10 Posts

Removing an Estate Trustee: More Than a Feeling

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…

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Trustees Ordered to Pay Costs Personally

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…

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Divisional Court Sets Aside Decision Ordering a Passing of Accounts

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…

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Finally, A Nice Passing of Accounts

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…

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Court Set Asides a Release and Orders a Passing of Accounts

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”)…

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Estate Trustee Awarded Costs for Unnecessary Passing of Accounts

In a recent court decision, Pochopsky Estate, the court found the Deceased’s four children (the “Beneficiaries”) jointly and severally liable for the estate trustee’s costs related to an application compelling him to pass his accounts.  The Beneficiaries had obtained an order compelling the estate trustee to account. The court ultimately…

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Love in the Age of Expectation

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

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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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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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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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