Passing of Accounts

Passing of Accounts and Business Assets

Passing the Trustee’s Accounts When There Are Business Assets At the beneficiaries’ insistence, or at his own initiation, a trustee[i] may apply to court to pass his accounts.  Once in court passing format, the accounts will list the deceased’s assets as of date of death, and trace any subsequent disposition of those assets.  However, where […]

Cottage Succession Planning

Cottages are treasure-troves of memories and are part of the Canadian psyche.  For many, the cottage is more than just a house by a lake. It is a place filled with memories of fishing and swimming and lying out under the stars on warm summer nights. It is therefore not surprising that most cottage owners

Passing of Accounts – 2013

If a theme were to emerge from the contested passing of accounts cases that were decided in 2013, it would be “protect the innocent”. In some cases, this theme manifested itself in decisions to remove trustees who acted improperly or to surcharge trustees who misappropriated funds. In other cases, judges protected honest (albeit imperfect) fiduciaries

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