The creation of a well-designed estate plan is key in minimizing the likelihood of estate litigation in the unfortunate event of their death. Failing to properly plan what will happen to your property upon your death can result in conflicts amongst your family members and loved ones. A recent decision from the Ontario Superior Court … 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
When people think about estate disputes it is common to think about family members disagreeing about the distribution of an estate. However, estate litigation can also arise from business relationships. This was the case in a recent case heard before the Ontario Court of Appeal where the business partner of the deceased pursued an action. … Continued
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