Legal Papers
Papers Topic: Advice to Executors and Trustees
8 PapersIs the Right to Privacy Lost on Incapacity?
Everyone has a fundamental right to privacy. However, once a person becomes incapable of managing their own finances or health care decisions, their lives are inevitably made public to the person(s) stepping in to fill the role of decision-maker. Even for those not appointed a substitute decision-maker, it is common for family members and other…read more
What to do on the Death of a Business Owner
An executor faces unique challenges in administering an estate where the deceased owned a business before death. The executor should keep the following steps should be kept in mind: • Find the will • Determine the estate assets and liabilities. Understand where the estate ends and the business begins • Determine the scope of the…read more
Handwriting Experts and Trustee Indemnification
Fraud is not restricted to the living. Occasionally, a fraudulent testamentary document makes an appearance and the question of validity becomes paramount. In that context, the issue of whether to retain a “handwriting expert” is raised. Read the full paper here: Handwriting Experts and Trustee Indemnification by Justin de Vries
Trustee Indemnification – Recent Developments
It is a fundamental principle that every trustee has the right to be indemnified out of the trust property for all expenses properly incurred in the administration of the trust. The trust instrument itself does not have to guarantee that the trustee will be indemnified; the trustee’s right to be reimbursed for expenses is a…read more
Common Privilege Issues Faced by Estates Practitioners
Common Privilege Issues Faced by Estates Practitioners by Justin de Vries and Angela Casey
Filing Estate Tax Returns
Under the Income Tax Act, it is the responsibility of the legal representative (such as an estate trustee, or the administrator of the estate if probate is not required) to file all required returns for the deceased on a timely basis, pay all tax owing, and advise the beneficiaries whether the amount they receive from…read more
Representing The Estate Trustee – What To Know And What To Avoid
It has been said that the “worst part” about practicing law is dealing with clients. A rather harsh assessment, but it is likely trite to say that advising a client is never straightforward or easy. No doubt, most lawyers can recount the trials and tribulations of successfully representing their clients (the truly difficult client is…read more
Trustee Liability: When Will A Trustee Be Excused
When errors by a trustee cause losses to a trust, the question arises as to who should be forced to bear the weight of those losses: the beneficiaries or the trustees? On the one hand, it seems unfair that a beneficiary should lose because of the mistakes of someone who is in charge of administering…read more