All About Estates

Category: Passing Of Trustees’ and Executors’ Accounts

Total 41 Posts

Tips on Bringing a Passing of Accounts Application – Part 4

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…

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300 Objections. 3 Week Hearing. $325,000 Costs Award.

Those who practice in the world of estates know that emotions can run high. Estate planning and estate litigation involve relationships and, often, family. And relationships and family are complicated. It can sometimes be hard to be reasonable in the face of difficult emotions. But reasonableness should be a guiding…

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The Importance of Fiduciary Duties

The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1)…

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Tips on Bringing a Passing of Accounts Application – Part 3

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…

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Tips on Bringing a Passing of Accounts Application – Part 2

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…

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Suggestions to Reduce the Potential for Elder Financial Abuse

I suggest that improved screening for vulnerability to abuse is clearly needed for seniors appointing family members as attorneys for property.

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Tips on Bringing a Passing of Accounts Application

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…

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You Can’t Always Get What You Want, But … You Get What You Need

In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a  decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until…

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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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Master the ETDL Appointment

Estate Trustees During Litigation are appointed in a wide variety of situations where a neutral party is needed to administer and preserve the estate assets. The bar for their appointment is lower than to remove an estate trustee.

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