Passing of Accounts
TORONTO ESTATE LAWYERS REPRESENTING CLIENTS SEEKING A PASSING OF ACCOUNTS
Those responsible for administering an estate or the financial affairs of another person, including trustees, executors, and attorneys for property, have significant obligations. One of these obligations is to keep careful and accurate records of the assets for which they are responsible. Beneficiaries can, at any time, request a passing of accounts, at which point any and all records kept by the trustee, executor, or attorney must be provided to the court.
The process of passing of accounts can be complex and technical, and is best undertaken with the assistance of an estates lawyer.
Passing of Accounts in Ontario
The process of passing of accounts is governed by several different pieces of legislation, including the Substitute Decisions Act, the Trustee Act, as well as case law.
An application to pass accounts must be served on any and all individuals who have an interest in the estate (i.e. beneficiaries and others). Those individuals can then file any objections they may have with how the estate is administered.
Objections can include disagreement with:
- Decisions made by the trustee, executor, or attorney
- Transactions carried out by the trustee, executor, or attorney
- Whether or not all property and assets have been accurately accounted for.
Once objections have been filed, the court then has the discretion to grant or refuse an order for the passing of accounts.
If the court does determine a review of accounts is needed, the court can:
- Approve the accounts
- Temporarily suspend a power of attorney
- Fully terminate a power of attorney
- Adjust the compensation of a trustee, executor, or attorney
- Order that money spent by a trustee, executor, or attorney be repaid.
How Derfel Estate Law Can Help
At Derfel Estate Law, our Toronto estate lawyers regularly advise on the passing of accounts, including helping trustees, executors, and attorneys prepare and file the documents needed, reviewing and ensuring accounts are in order, and representing parties at any hearings or legal proceedings that may arise.
We represent both beneficiaries and other interested parties, as well as trustees, executors, and attorneys in passing of accounts matters.
For Advice on Passing of Accounts, Contact the Toronto Estate Litigators at Derfel Estate Law
Contact Derfel Estate Law to speak with an estates lawyer who will guide you through the process of passing of accounts, ensure that your rights and interests are protected, and work with you to achieve the best possible resolution. Call us at 416-847-3580 or contact us online to schedule a consultation.