Executors / Trustees

Executors and Estate Administration – Are Trust Companies a good option?

Choosing an executor is a critical decision. Before choosing who should manage your estate when you die the most important task is to ask if the person contemplated is up to the job. The ideal executor will follow your wishes, know how to administer the estate, be honest and fair, and be prepared to do the job in a timely and proper fashion.

Can you create a trust with an undelivered letter?

In Rubner v. Bistricer, Justice Myers of the Ontario Superior Court of Justice found that a simple letter created from the settlor was sufficient to create a trust.

Is a Notice of Objection to Accounts subject to a limitation period?

There is a world of a difference between a fiduciary’s duty to maintain his accounts and whether a time limit exists for the beneficiary to request an accounting or to object to the accounts presented. In the context of an attorney for property’s obligation to disclose his accounts and produce his records, the regulations impose a duty on the attorney to give a copy of the accounts and records to specific people. Those regulations do not place a time limit on the people entitled to demand production.

Why don’t Corporate Trustees have to Post a Bond?

The bond described by s. 35 of the Estates Act is meant to secure the protection of both the beneficiaries and creditors of the estate.

When is a Trustee Disentitled to Compensation?

In the ordinary course both the Estate Trustee and the Attorney for Property are entitled to be compensated for their work. What happens if they don’t follow the common law or statutory obligations that oblige an Estate Trustee or an Attorney for Property to keep proper accounts? What happens if they wrongfully take money or breach other obligations on them? Do they still get compensated or do they just get less money? Have the courts provided a clear red line that disentitles a trustee from receiving compensation?

Can you compel an executor to sell?

A parent dies and the adult children become equal beneficiaries of the residue of the parent’s Estate.The Estate is primarily made up of income producing real estate holdings that remain profitable. Some of the siblings want to continue to operate the properties, while other siblings want the properties to be sold and converted to money to be distributed to the beneficiaries. Does a beneficiary have the right to force an executor to sell real property that forms part of the Estate?

May An Executor Pay His Legal Or Accounting Fees Directly From The Trust Property?

asked this question to several very experienced lawyers. Guess What? They each had a very different answer. Let’s start by taking a look at the statute.

The Extorting Executor

Is it normal for an executor to ask that a beneficiary sign a release and indemnity prior to paying out the inheritance? Executors can ask, but do beneficiaries have to sign?

Appointing an ETDL without a will challenge

Section 28 of the Estates Act provides the court with jurisdiction to appoint an ETDL in the context of a Will Challenge or removal of an executor. Arguably, based on the cases reviewed herein, for those matters outside the parameters of s. 28 of the Estates Act the Courts may rely on subrule 75.06 (3)(f). The tests for exercising that discretion are set out in in Kalman v. Pick and McColl v. McColl. When the conduct of the estate trustee is endangering the administration of the Estate the court will exercise its discretion to appoint an ETDL to ensure the transparent and orderly administration of the estate.

Has the Doctrine of Fraudulent Concealment Been Expanded?

On January 5, 2017 Ontario’s Court of Appeal came out with a decision which is of great interest to those dealing with limitation periods, the responsibility of trustees to creditors, and the defence of fraudulent concealment.

Page 1
Page 2
Page 3
Next

Keith Marshall

16:20 06 Feb 19

David Wagner and Greg Sidlofsky and all of the staff at Wagner Sidlofsky have been exceptional. They have been professional, courteous, patient, knowledgeable and have always had our needs in mind. I wouldn’t hesitate to refer them.

Patrick D

19:42 15 Jan 19

Mr. Wagner was genuinely a big help to me. I appreciated his directness and keeping our conversation on-track so that I'd come away with the information I really needed to proceed. Much appreciated.

David Brook

11:58 24 Sep 18

Charles Wagner and his junior, Matthew Stroh couldn't have been more helpful. They explained everything clearly enough for us to understand our options in full. Thank you.

Fahra Zommers

13:02 20 Jul 18

I would like to take this opportunity to thank Charles Wagner, David Wagner and Kim Gale for the legal services you provided me. I am truly impressed with your legal expertise and your compassion. You were personable, courteous and kind. You are extremely knowledgable, competent and expeditious while still trying to save me money and time. You are honest and fair and your skills at negotiating are outstanding! Words cannot describe how thankful and grateful I am. I would highly recommend your law firm to anyone seeking legal advice or litigation services.

Irwin Meisles

19:32 07 Sep 17

I contacted Mr Wagner for assistance in drafting a will. Despite the fact that Mr Wagner is a Litigator and does not draft wills, he took the time to introduce me to another lawyer. During that conference call , he provided us with extremely valuable advice to avoid future litigation. I greatly appreciate the time and expertise that he provided free of charge. Thank you again Mr Wagner

Kao Jimmy

12:54 06 Jul 17

Charles was very professional, courteous, and honest - everything that one would expect a lawyer to be - when my family and I met with him for a consultation. He provided us with helpful information and described our options in detail, in a very pleasant manner. It would be an absolute pleasure for us to use his services in the future.

LB LB

21:39 14 Jun 17

At the recommendation of my business partner, I contacted and met with Charles Wagner who showed absolute professionalism and compassion in helping me to deal with stressfull situation to finalize the estate after losing the loved one...Unlike other law offices that I contacted recently, my concerns and questions were laid to rest with competence and straightforward recommendations. The office secretaries are efficient, fast and friendly. Thank you Charles