Court Finds That Aiding an Executor in Mismanaging an Estate is Enough to Assign Liability
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Court Finds That Aiding an Executor in Mismanaging an Estate is Enough to Assign Liability

ByhtE@55Viw

Having a valid will in place at the time of one’s death is incredibly important. Naming a trusted individual or individuals to act as executor of the estate is just as important, as this role carries a great degree of responsibility. In the recent decision of Humphreys-Saude v. Pavao, a mother was named as executor of…

A Court Can Override Trustee Refusal To Exercise Discretion In Administering A Trust

A Court Can Override Trustee Refusal To Exercise Discretion In Administering A Trust

ByhtE@55Viw

The recently issued decision of the Court of Appeal of Ontario in Walters v. Walters, 2022 ONCA 38 guides the circumstances under which a court in Ontario can intervene with a Trustee’s decision not to exercise their discretionary powers. Trust was to provide for “comfort and well being” In Walters, the Ontario Court of Appeal was asked to review…