Passing Of Trustees’ and Executors’ Accounts – Page 6

Estate Trustee Awarded Costs for Unnecessary Passing of Accounts

Diane Vieira • April 12, 2017 • 0 Comments

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 found that the application was unnecessary and awarded the estate trustee his costs payable by the Beneficiaries. In his will,….

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No limitation period for attorney compensation

Jacob Kaufman • January 4, 2017

What is the limitation period for an attorney to seek compensation on a passing of accounts? In Armitage v. The Salvation Army, 2016 ONCA 971, the Court of Appeal confirmed that there is no such limitation period (although the equitable doctrine of laches and acquiescence can be asserted). In Armitage, the attorney for property brought an application to pass her accounts almost two years after the death of the grantor….

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

PASSING OF ACCOUNTS – PART II “HOW IS IT DONE?”

Paul Fensom • October 31, 2016

In my previous blog post, I discussed the “what” and “why” of a passing of accounts. In this blog, I will provide a quick refresher on the technical process for a passing of accounts….

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Estate Administration, Passing Of Trustees’ and Executors’ Accounts

Family feuds, horse-drawn carriages, vintage automobiles, and brotherly love gone stale

Justin de Vries • September 7, 2016

Family feuds are routinely unpleasant and usually ugly. Unfortunately, estate disputes prove the rule. Passions and emotions are inflamed and sound judgment is often in short supply. However, warring litigants who look to the court for absolution or vindication are often sorely disappointed…..

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

PASSING OF ACCOUNTS – PART I “WHAT DOES IT MEAN and WHY IS IT NECESSARY?”

Paul Fensom • August 22, 2016

As part of any administration, it is important for the Executor or Trustee to maintain records of all transactions taking place within the estate or trust….

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

When Will the Court Order an Estate Trustee to Pass his/her Accounts?

Justin de Vries • June 22, 2016

A court application to pass accounts can be a costly and time consuming procedure. As such, courts may be reluctant to order one without a compelling reason. ….

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Passing Of Trustees’ and Executors’ Accounts