Removing An Estate Trustee Is Difficult
Most Wills names a specific person, or persons, to be the executor(s) or estate trustees of the estate. If a beneficiary does not...
Will's "No Liability"​ Clause May Not Protect Executor/Trustee Who Fails To Invest Pru
Many wills contain a clause that allows an executor to make investments in his or her sole discretion and simultaneously absolves the...
Estate Trustee's Failure To Disclose Absence Of Insurance Policy Prevents Expiry Of Limitation P
Being an estate trustee can be much more of a headache than a honour. I have written before that if you accept the responsibility of...
Dishonest Estate Trustee May Extend Limitation Period For Dependent's Claim
A testator (person making a will) is expected to make adequate provision to support any of his or her dependents when drafting a will. ...
Eleventh Hour Summary Judgment Motion May Be Too Late To Succeed
Summary judgment may be a quick way to shorten the litigation process and obtain a judgement, thereby ending a court proceeding. ...
How To Administer The Estate Of A Hoarder (er, Collector)
Administration of estates can vary widely depending on the personality of the deceased. The estates of hoarders or, as the are sometimes...
Failure To Timely Disclose Accounts Has High Price For Estate Trustees
Accepting the role of trustee of an estate is a serious responsibility with a number of important obligations. One of those obligations...
Perfunctory Independent Legal Advice Fails To Rebut The Presumption Of Undue Influence
Often, when a lawyer is working for both parties to a transaction or when a transaction may be disadvantageous to a party, the lawyer...
Who Pays To Balance An Estate's Accounts?
As a general rule, costs associated with getting a court to approve an estate trustee's actions in realizing and distributing the...
Objector's Reasonable Expectations About Costs When Objecting To Estate Accounts Play An Importa
One of the obligations of an estate trustee is to have the court pass the estate's accounts which means that the court approves the...
