Can Estate Trustees Keep a Holdbacks for Legal Fees?

by: , March 12, 2024

Right to Indemnification of Legal Fees Section 23.1 of the Trustee Act, RSO 1990, c T.23 confirms that estate trustees are entitled to be indemnified for the legitimate costs of carrying out their duties. In other words, estate trustees should not have bear the costs of the estate administration. This includes an estate trustee’s legal…read more

Interim distributions

by: , November 14, 2023

As many people know, in addition to being expensive, litigation is often slow-moving and lengthy. In an estate with significant or contested issues, litigation can continue for several years. Even in estates without significant disputes, applying for a certificate of appointment and administering an estate can take many months. Further, once a certificate of appointment…read more

Punitive Damages Against Estate Trustees Can Happen

by: , August 22, 2023

The fiduciary relationship should not be entered into lightly. Examples of fiduciaries in estates and trusts law are estate trustees, attorneys, and guardians. The fiduciary owes legal duties to the beneficiary, for example an estate trustee must account for her management of estate assets. Failure to do so can lead to trouble for the estate…read more

Searching for a will, and what to do if a will is lost or destroyed

by: , December 12, 2022

Searching for a Will It can be difficult to know where to start when searching for a will. First and foremost, remember that a will does not necessarily have to be prepared by a lawyer. If you think the deceased may have prepared a holograph will, you will want to make sure you don’t automatically…read more

The Role of the OCL

by: , October 4, 2021

de VRIES LITIGATION LLP often acts as agent lawyers for the office of the children’s lawyer (the “OCL”) in various proceedings. Generally, the OCL represents the interests of a child under the age of 18 in cases in Ontario. Minors’ interests are often at play in estate and trusts matters. For example, a minor may…read more

Notice of Objection to Accounts

by: , August 16, 2021

A passing of accounts refers to the process whereby the court approves of the estate trustee’s accounts. The accounts provide, among other things, details relating to the estate’s capital and revenue receipts and disbursements. While an estate trustee can voluntarily bring an application to pass accounts or be compelled to do so by the court,…read more

Do You Have a Receipt for That?

by: , July 20, 2021

Estate trustees are accountable to the beneficiaries of an estate for the steps they have taken in their administration. Estate trustees should keep a complete record of their activities and always be in a position to prove that they acted prudently and honestly, with accounts ready upon request by a beneficiary. But what happens when…read more

When does a house automatically go to a beneficiary?

by: , July 5, 2021

Just because you are a beneficiary of someone’s estate does not mean you automatically receive your entitlement. Instead, you will have to wait until it is transferred to you. However, in certain circumstances you may receive real property (e.g., a home) directly three years after the deceased’s passing. When someone dies, their property vests in…read more

What is a Fiduciary?

by: , June 21, 2021

The term “fiduciary” does not get thrown around frequently outside of some advertisements for investment services. However, fiduciary relationships are at the heart of estate and trust law. What follows is a “Fiduciary FAQ.” What is a fiduciary? A fiduciary is a person who holds some right, power, or authority which, when exercised, impacts the…read more

Part II – Best Practices on Digital Estate Asset Planning

by: , March 22, 2021

Dear Readers, As you might recall, last Monday’s blog was about cautionary tales which demonstrate the need for prudent estate planning regarding one’s digital assets. I ended that blog on the suggestion that until Ontario accepts the changes proposed by the Canadian Uniform Law Commission’s  Uniform Access to Digital Assets by Fiduciaries Act, it is…read more