Can you apply for the removal of the estate trustee? Section 37(3) of the Trustee Act provides the court with legislative authority to grant an order removing an estate trustee upon the application of: -any executor or administrator desiring to be relieved from the duties of the office, or -any executor or administrator complaining of […]
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- Court Applications to Remove an Executor / Estate Trustee
It may be possible for a beneficiary or person with an interest in an estate to remove an executor/estate trustee by court order.
It is not uncommon for beneficiaries to become impatient or frustrated with the individual entrusted to administer the estate or trust. However, the court will not lightly interfere with a testator’s choice of executor/trustee. An applicant must adduce strong evidence that the estate trustee’s removal is necessary for the welfare of the beneficiaries and/or the estate. Generally speaking, the estate trustee’s acts or omissions must be of such a nature as to endanger the administration of the estate or trust.
Common grounds for removal include: misconduct by the estate trustee, pre-taking of compensation, mismanagement of assets, undue delays, an inability or unwillingness to carry out the terms of the trust, inability of multiple trustees to make decisions together, conflict of interest, and/or the estate trustee’s incapacity, criminal conviction, bankruptcy or transfer outside of the jurisdiction. This is not an exhaustive list. de VRIES LITIGATION has significant experience with court applications to remove trustees in a variety of circumstances.
Related papers/blog
Trust In The Rules Of Civil Procedure To Protect Beneficiaries And Litigants
The Ottawa case of Hawkins v Hawkins Estate provides a well articulated summary of the grounds for the removal of estate trustees. In addition, it provides an interesting discussion regarding disclosure of a solicitor’s file after the death of the testator. The late John Hawkins ran a farming business near Ottawa and owned large parcels of land. […]
read moreWhen Will the Court Appoint an ETDL?
The recent endorsement of Justice Greer in McColl v. McColl illustrates the broad authority of the Court to appoint an Estate Trustee During Litigation (ETDL), and where warranted, to dispense with the requirement that the ETDL post a bond. The deceased was survived by his second wife, ex-wife and son from his first marriage. At the time […]
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