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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