Are you facing a serious Estate Litigation dispute?

When someone passes away with or without a will, they need file an application with the Superior Court of Justice in the city where the deceased was living before, they passed away to be appointed as an estate trustee. The application can be opposed or on consent. However, once you are grated a certificate of appointment, you then have the authority to manage the estate assets and pay the assets debts:

• Order to Object to Proposed Appointment
• Applications with a will; Applications without a will
• Order to Consent Proposed Appointment
• Conflict of Interests, Unfit to act as estate trustee
• Motion for Directions
• Revocation of Certificate of Appointment; Return of Certificate of Appointment

Determining who qualifies as a dependent in relation to Estate Litigation is governed by Section 57(1) of the Succession Law Reform Act, RSO 1990, c S.26. Under the act, dependent means the following: (a) the spouse of the deceased; (b) a parent of the deceased; (c) a child of the deceased; or (d) a brother or sister of the deceased, to whom the deceased was providing support or was under a legal obligation to provide support immediately before his or her death. If someone who has died has not made adequate provisions for the support of any of the dependents, on an application made to the court, the court may order any provision it considers adequate to be made out of the estate of the deceased for the proper support of any of the dependents. Contact us today to discuss your rights and limitations in making a Dependent Support Claim.

• Interim support 
• Interim legal fees and disbursements
• Order staying distribution of estate
• Order staying administration of estate
• Disclosure/Production Orders (Assets/Liabilities)

During estate litigation the Superior Court of Justice has the power to appoint an estate trustee during litigation to become the administrator of the property of the deceased person, and the estate trustee appointed has all the rights and powers of a general estate trustee other than the right to distribute the residue of the property. The person who is appointed is usually unconnected to the litigation, is not named as an estate trustee in the will and is not one of the parties in the litigation. The court can also appoint litigation administrators who only deal with litigation that is connected to the estate and do not have any powers to administer the estate. Contact us today to talk about the steps that need to be taken to appoint and estate trustee during litigation or a litigation administrator:

• Application for Directions
• Motion for Directions
• Litigation Administrator

A trustee has the duty to keep accurate records of his or her administration of the esate. Since the trustee and not the beneficiaries bears the onus of establishing that the management and disbursement of the funds in the estate is consistent with the terms of the trust. A trustee on demand must provide the beneficiary as to the mode in which his share has been invested or otherwise dealt with and the full accounts respecting it. If you would like to know about what obligations you have as a trustee in the passing of accounts or would like to know what obligations a trustee has to you as a beneficiary with regards to the passing of accounts, give us a call today:

• Passing for Attorneys for property
• Passing for Estate Trustees of inter vivos (italics) trusts
• Contested passings of Accounts
• Executor's compensation
• Accounting Remedies

If you believe that the estate trustee has not taken any steps to administer the estate since receiving the Certificate of Appointment of an Estate with or without a will and had refused or neglected to respond to letters sent by the beneficiaries then an application can be made to the court to replace and appoint a different estate trustee:

• Trustee no longer fit to continue
• Danger to the Property or Estate
• Guardian Application
• Abuse by the Trustee
• Unreasonable Conduct by the Trustee

It is the duty of the estate trustee to administer the estate and to locate and identify the beneficiaries. If you are an estate trustee and require guidance as to what you need to do to locate and identify beneficiaries give us a call today and our lawyers will assist you:

• Identify Beneficiaries
• Inquiring
• Hiring Professional Researcher
• Locate Beneficiaries
• Onus on Estate Trustee - Liability can arise
• Missing and no Death Certificate - Declarations of Death Act, SO 202 C14
• Apply to the Court for Advice and Directions