Our partner Holly LeValliant gave a talk on in terrorem clauses at the Six Minute Estate Lawyer event held by the Law Society on April 29th. In plain English, in terrorem clauses are stipulations in Wills that make bequests conditional upon the recipient not taking certain actions. They are most often used to prevent beneficiaries from challenging … Continued
Toronto Estate Lawyers Assisting with Removal and Replacement of Trustees & Executors
Executors and trustees are appointed by a person making a will (a “testator”) to carry out the directions found in the will and distribute property accordingly. Acting as an executor or a trustee is an important function, and these individuals have a number of specific duties and responsibilities that they must carry out.
However, not all executors or trustees have the skill and ability to fulfill the above duties, nor do they always act in the best interest of the estate. If this is the case, friends or family of the incapable individual, or another concerned party, can seek to have the trustee or executor removed or replaced. However, commencing an action to remove an executor/trustee can be a very serious matter, and can often be lengthy and expensive. If you are seeking such a removal, the team of knowledgeable and experienced estate litigation lawyers at Eisen Law in Toronto can provide you with the necessary guidance to help you understand your rights, navigate all of your options, and ensure that your loved one’s interests are protected.
How to Remove a Trustee or Executor in Ontario
Being appointed an executor or trustee is a critical function involving a large number of specific duties and responsibilities, and attracting a large amount of liability. Fundamentally, executors/trustees must always act in the best interest of the estate. This includes:
- Dealing with all beneficiaries fairly and equally, with an “even hand”;
- Avoiding conflicts of interest;
- Keeping accounts and records of the administration of the estate;
- Passing the accounts when required.
These essential obligations underlie everything an executor/trustee does. In addition, there are specific duties that must be carried out, these include:
- Collecting the assets of the estate;
- Administering the estate;
- Distributing estate assets to beneficiaries pursuant to the will;
- Fulfilling other duties and obligations, depending on the specific terms of the will.
If an executor/trustee is not fulfilling their duties, anyone with an interest in the estate can apply for an order removing a trustee, pursuant to Ontario’s Trustee Act. However, courts are reluctant to do this, and will only remove a trustee in certain strict circumstances.
Contact the Toronto estate lawyers at Eisen Law for assistance with Removals and Replacements of Trustees & Executors
If you are seeking to have an executor/trustee removed, the knowledgeable and experienced lawyers at Eisen Law can help you understand the options and help develop a best course of action. We offer free initial consultations and will do our best to ensure you can easily access the legal advice that you need. Call us at 416-591-9997 or contact us online if you need assistance in this specific area of estate litigation.
Estates & Trusts
Advocating for Both Estate Trustees and Beneficiaries in Estates
Providing the Management of Care for Those Who Can’t Care for Themselves
Powers of Attorney
Ensuring Proper Care and Governance for Your Loved Ones
Navigating you through all your options, legal rights and obligations
Probate & Estate Administration
Assisting with carrying out duties for executors
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Eisen Law provides the experience, expertise and compassion needed to navigate through a difficult journey.
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