An Estate Trustee During Litigation (ETDL) is often appointed by the Court pursuant to the Ontario Estates Act to administer an estate while litigation is ongoing. An ETDL will usually be appointed when there is a will challenge, but may also be appointed where there is another other type of litigation affecting an estate. The role of an ETDL is to preserve estate assets, assist the parties in obtaining the documentary and other evidence necessary to resolve the estate dispute (for example medical and financial records) and to otherwise fulfill the role that an executor would fill until the litigation is concluded. The only thing that an ETDL does not do is distribute the assets of the estate. de VRIES LITIGATION provides advice to ETDLs, including trust companies, who have been appointed as an ETDL.
In most cases, a professional trust company will be the right choice for an ETDL appointment. We can help litigants to obtain the necessary court order appointing a trust company as ETDL. However, in some circumstances, due to the nature or complexity of the estate, it will be advantageous for a member of our firm to act as an ETDL. Justin de Vries has been appointed by the Court to act as an ETDL in several complex and challenging estates.