Passing of Accounts

Limitation Period Precludes Motion to Set Aside Releases

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In the usual litigation battle, a release operates as a “shield” in the sense that if a beneficiary sues an estate trustee, the estate trustee can use the release as a defence.  In Re: Sheard, the estate trustees were able to use signed releases to preclude them from having to pass their accounts for the period

Advice to Executors and Trustees, Estate Litigation, Limitation Period, Passing of Accounts

Court Need Not Always Order a Fiduciary to Account

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In an earlier blog by fellow blogger Jasmine Sweatman, she commented on the emerging principle of proportionality in our judicial system and how it might impact on a fiduciary’s duty to pass accounts.  She queried: Where does proportionality “fit” with the right of a beneficiary of an estate or trust  to review and make inquiries of the

Contested Passing of Accounts, Estate Administration, Estate Litigation, Passing of Accounts
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