Trustee Removal
Two Ontario cases summarize the law relating to the removal of a trustee appointed by a will and would likely be followed as the law
Two Ontario cases summarize the law relating to the removal of a trustee appointed by a will and would likely be followed as the law
Section 96 of the Trustee Act allows the court to excuse a trustee for negligence or breach of trust when handling estate assets if the
As a BC estate lawyer, I am often asked to remove an executor/trustee. Re Ching 2016 BCSC 1111 is one of several cases where the
This video is on removing executors and trustees. Personally, I think being an executor is like being a fire hydrant on a street of dogs.
In the well-known case of Re Toronto General Trusts and Central Ontario Railway (1905), 6 O.W.R. 350 (H.C.), five central factors should be considered by
In Rosenthal v Rosenthal, 1986 CarswellOnt 288 (HCJ), it was held that an individual cannot take a position to obtain a tax benefit and then
Miles v Vince 2014 BCCA 290 allowed an appeal and removed a trustee for failure to abide by the Prudent Investor Standard expected of a
Executor Ordered to Repay Monies Back to Estate Paid Out Before Expiration of 6 Month Limitation Stevens v. Wood Estate (Re), 2013 BCSC 2380. Until
Trustee Removed For Selling Assets Below Market Value and Benefiting VanKoughnett & Others v. Austin, 2006 BCSC 1856 is authority for the proposition that a
Executors obligation cannot just idly stand by and allow estate assets to deteriorate or waste- the executor and trustee has a duty of care to