Our managing partner, Shael Eisen, spoke last Friday at the Northwind Professional Institute’s High Net Worth Forum held at Cambridge’s beautiful Langdon Hall. Participating as part of a panel of expert estate litigators, Shael shared some of his wisdom about issues facing lawyers and their clients in the field and entertained the crowd with some … Continued
Proactive and Compassionate Estate Litigation Lawyers Assisting with Trustee/Executor Disputes
One of the most common areas of dispute in estates is an executor or trustee who does not fulfill his or her duties. An improperly chosen executor or trustee can have serious implications for a testator (a person making a will) and his or her estate. Executors or trustees do not always have the requisite skill and knowledge to make decisions in the best interest of the testator. Alternatively, executors or trustees can sometimes abuse their power and act in their own self-interest to the detriment of the estate.
If you are the friend or loved one of a testator and are concerned about the appointed executor or trustee, the experienced estate lawyers at Eisen Law in Toronto can help you navigate your options. We have many years of experience with helping families ensure that the interests and rights of their loved ones are protected, and can assist you with any disputes or conflicts.
Trustee and Executor Disputes
The basic duties of an executor 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.
In addition, there are also general obligations which executors must fulfill in the course of carrying out their duties. These include:
- Always acting in the best interest of the beneficiaries;
- Dealing with all beneficiaries fairly and with an “even hand”;
- Keeping accounts and records of the administration of the estate;
- Passing the accounts when required.
What if a Trustee or Executor is not Fulfilling Their Duties?
Where an executor or trustee is not fulfilling his or her duties and obligations, steps can be taken by concerned parties. These steps include:
- Challenging a trustee’s management;
- Challenging the trust accounting;
- Requesting removal or replacement of trustees.
Before any such options are undertaken, it is advisable to consult with experienced and forward-thinking estate lawyers who can carefully guide you through all of the possibilities and assist you in reaching a favourable outcome.
Contact the Toronto estate lawyers at Eisen Law for assistance with Trustee and Executor Disputes
At Eisen Law, our compassionate, empathetic, and forward-thinking estate lawyers will guide you through the emotional and often stressful process of substitute decision maker disputes and will make sure your loved one’s interests are protected. Call us at 416-591-9997 or contact us online: we offer free initial consultations and will do our best to ensure you can easily access the legal advice that you need.
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
Mediation Can Dramatically Reduce Time, Cost, and Stress
Eisen Law provides the experience, expertise and compassion needed to navigate through a difficult journey.
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Latest news and posts from the Eisen Law blog
Holly LeValliant spoke at Osgoode Hall’s Powers of Attorney and Guardianship Program last week, an seminar in which estate law experts gave presentations as a continuing education opportunity for lawyers working in the field. Holly’s presentation focused on uncontested guardianships. In lay terms, this refers to the process by which an individual may apply to … Continued
Holly LeValliant Speaks at Ontario Bar Association Presentation on Essential Evidence for Estate Litigators
Our partner Holly LeValliant was featured as a speaker at the Ontario Bar Association’s Essential Evidence for Litigators event on April 5. The event was an opportunity for lawyers working in estate law to hear experts in the field speak about a variety of different issues. Holly’s presentation related to the admissibility of business records … Continued