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.
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:
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:
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.
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.
Contact Derfel Estate Law today to speak with a Toronto estate lawyer who will work tirelessly to achieve the best possible resolution to your will, estate, power of attorney, or trusts dispute.
Call us at 416-847-3580 or contact us using the form.
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