Estate Trustee Disputes: A Question of Trust

A person who is named to administer a Trust or Estate has a duty to carry out the final wishes of the person who entrusted him or her with the responsibility of managing their Estate. Trustees are expected to carry out their duties diligently and owe a duty to care to the beneficiaries.

When that trust is betrayed, or when the beneficiaries suspect it has been betrayed, the results can be devastating and destructive, particularly if beneficiaries call for the removal of an Estate Trustee.

Cases involving disputes with Estate Trustees can become very complex. Skilled, knowledgeable and persuasive representation is essential.

At Creighton Law LLP, our experience in Estate administration helps us understand the importance of the role of the Estate Trustee. We know that it is vital to hold Estate Trustees to a high standard, but we also understand that sometimes they are unable to satisfy all beneficiaries even if they faithfully carry out all of their duties.

Our Lawyers will help you to defend your actions as an Estate Trustee, or to defend your rights as a beneficiary.

Making Sure Final Wishes Are Carried Out

Many Estate Trustee disputes involve compensation or passing of accounts.

  • Compensation: Many Estate Trustees discharge their duties for little or no compensation, particularly if the Estate is small and uncomplicated. For more complex, time-consuming Estates, some Wills specify compensation. Estate Law also provides for Estate Trustees to seek compensation even if the Will does not explicitly provide for compensation. This can become contentious if the beneficiaries believe the Estate Trustee is taking too much of the Estate as compensation.
  • Passing of Accounts: If you are a beneficiary, you have the right to know how the Estate Trustee has handled his or her duties. Beneficiaries are entitled to a thorough and detailed accounting of exactly what has been done with all of the property. Where this is a serious dispute, the Estate Trustee may be required to present a summary of duties performed to the Court. This is known as a Passing of Accounts.
    We can help you audit accounts either to defend your actions or challenge the actions of an Estate Trustee.

In addition, we can help you determine issues of:

  • Breach of fiduciary duty
  • Mismanaging assets, including poor investment strategies
  • Questionable expenses
  • Negligence

Contact Creighton Law LLP

Contact our Oshawa office at 1-800-216-4970 or through our online form if you have questions about the actions of an Estate Trustee, or are an Estate Trustee in conflict with the beneficiaries.