Criteria For Removal of a Trustee

Criteria For Removal of a Trustee: Grafton v Canada Trust 2012 ONSC 6955 is an interesting case on when a court will or will not remove a trustee. In this case a 92 year old life tenant in a house of disrepair wanted to borrow… Read more

Duties of a Trustee

Duties of a Trustee Zimmerman v. McMichael Estate 2010 ONSC 2947, 57 E.T.R. (3d) 101,103 O.R. (3d) 25 is an excellent review of the strict duties that govern the conduct of a trustee. Deceased were husband and wife and founders of extensive Canadian art collection… Read more

The Authority of the Executor

Romans Estate v. Tassone 2009 BCSC 194 is a very good case authority of the executor that reviews the legal authority of an executor appointed under a valid will. The matter related to the estate of an elderly man who was stricken late in life… Read more

Trustees Must Not Co-Mingle or Misuse Estate Funds For Their Own Purpose

Trustees must not co mingle or misuse estate funds or assets  for their own purposes. It is trite law that trustees are fiduciaries and must not personally use, profit from, or co-mingle estate funds with their own. If a trustee has mixed his/her own funds… Read more

How Much Should An Executor Be Paid

How Much Should An Executor Be Paid? Hooke Estate v. Johnson 86 E.T.R. (3d) 92   The deceased appointed her solicitor as trustee of her estate. The Trustee handled her estate in accordance with deceased’s wishes and claimed executor’s compensation in amount of $21,900.93 for… Read more

Court Declines to Remove Trustee

Applications to remove executors/trustees are common, and are not always successful with the court declining the application. Miles v Vince 2013 BCSC 888 Removal of a Trustee The petitioners husband settled the trust in 2007 and named the petitioner and her three children as the… Read more

Court Declines to Remove Trustee – Orders Construction of Trust

Court Declines to Remove Trustee Winkler v Winkler 2012 BCSC 1949 involves an application by the surviving widow of the deceased, in her capacity as comity of the person and estate of the deceased, sought an order that her stepson be removed as a trustee… Read more

Punitive Damages Awarded For Trustee’s Egregious Conduct

A trustee’s Egregious Conduct lead to an award of punitive damages of $100,000 against the trustee personally. Walling v Walling 2012 ONSC 6580 involves a decision where the Ontario Supreme Court awarded $100,000 punitive damages against the trustee of an estate for extremely egregious conduct… Read more

Executor Must Renounce In Order to Contest the Estate

Executor Must Renounce to contest the will It is fairly common in estate disputes that the executor of the will is also dissatisfied with the same will that the executor is by office bound to carry out and enforce. Since in estate claims it is… Read more

Court Removes Trustee and In Rare Case No Replacement Trustee Appointed

Court Removes Trustee Evans v Gonder 2010 CarswellOnt 1240 Ont C.A is unusual in that the court removed a trustee without appointing a replacement, and found that it had the authority to do so. The case involved a conflict of interest in the trustee necessitating… Read more

Trustee Discretionary Spending Limited By Court

Trustee Discretionary Spending and the Courts Oversight The decision of Steven Thompson Family Trust v. Thompson 2012 ONSC 7138, (Ont. S.C.J.) dealt with a contested passing of accounts for the Steven Thompson Family Trust . The beneficiaries contested the passing and opposed 23 disbursements that… Read more

What Are the Duties of an Executor or Administrator of an Estate?

Duties of an Executor or Administrator of an Estate A personal representative, whether an executor by a will, or an administrator appointed by the court,  has a duty to act solely and exclusively for the benefit of the beneficiaries.  This duty is construed strictly, and… Read more

What is a Fiduciary?

What is a Fiduciary? The term “fiduciary” is not well understood by the average citizen. It was probably best stated  in the simple terms of the following: ” If one person undertakes to act in relation to a particular matter in the interests of another, and… Read more

A Fiduciaries Duty Of Trust and Loyalty

Fiduciaries duty is a persons in a position of trust, ranging from doctors, lawyers, accountants, to financial advisors and many others in between. “Wilson J. offered some guidance on the subject of fiduciary relationships in the leading case of Frame v. Smith, [1987] 2 S.C.R. 99… Read more

Estate Funds Not to Be Used To Defend Wills Variation Claim ( S. 60 WESA)

Defendants may not use estate funds to defend their personal interests in wills variation cases ( now section 60 WESA) As plaintiff’s counsel, Steernberg v. Steernberg Estate (2007), 33 E.T.R. (3d) 78, 74 B.C.L.R. (4th) 126, 40 R.F.L. (6th) 106, 2007 BCSC 953, 2007 CarswellBC… Read more