Passing Of Trustees’ and Executors’ Accounts

Total 49 Posts

Estate Trustee Renunciation and Resignation: Accounting Obligations and Liability Considerations

Today’s Post is by Ashley Thornton, Articling Student, Gowling WLG (Canada) LLP When an estate trustee steps down from their role, whether voluntarily or by removal, they face a critical question: what obligations remain, and what risks do they carry forward? The transition out of a trusteeship is not simply a matter of handing over the keys. In Ontario, departing trustees must navigate procedural requirements, accounting duties, and potential liability….

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Estate Administration, Passing Of Trustees’ and Executors’ Accounts

Account! Account! Account!

Anna Chen, associate Gowling WLG (Canada) LLP The importance of a fiduciary (whether a trustee, an attorney for property or an estate trustee) to keep proper books of account cannot be understated.  This is an obligation required of the fiduciary to prove he or she administered the trust, property or estate prudently and honestly.  The importance of keeping accounts and the consequence of not doing so have been addressed again….

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Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney

Case Comment: Huang v. Nie, 2024 ONSC 2398

As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee will deliver accounts to beneficiaries to demonstrate what funds have come into the estate, and what funds have been paid….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Uncategorized

Estate Trustee Compensation – Discretionary Factors

Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

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Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes

Has a Contingent Beneficiary Asked for an Accounting?

An estate trustee does not have an obligation to provide a contingent beneficiary with an accounting; nonetheless, some form of accounting is generally done at the request of a contingent beneficiary. If accounts are not provided, a contingent beneficiary may bring an application to compel an estate trustee to pass their accounts. This will be costly and may be what the contingent beneficiary is trying to avoid in requesting a….

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Estate Administration, Estate Litigation, Estate Planning, Executors, Passing Of Trustees’ and Executors’ Accounts, Wills
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