Renunciation, Resignation, Passing Over And Removal of Estate Trustees

August 15, 2013 Hull & Hull LLP Executors and Trustees, Litigation Tags: , , , , , , , , , , 0 Comments

A recent decision of the Ontario Court of Appeal, Chambers Estate v. Chambers, 2013 ONCA 511, deals with the concepts of renunciation, resignation, removal and passing over of an estate trustee, and the sometimes subtle distinctions amongst the concepts.

There, a “renunciation” is defined as the “formal act whereby an executor entitled to a grant of probate (or person having the right to a grant of administration) renounces such right.”   Renunciation is not available if a party has been appointed as estate trustee under a Certificate of Appointment, or has already intermeddled with the estate, or, put another way, where a party has dealt with an estate without having been formally recognized as estate trustee. Once an estate trustee has accepted the office, he or she cannot disclaim it by renunciation. In such a case, if the estate trustee no longer wishes to act, he or she must resign.

With respect to removal or passing over, the proper terminology is that an estate trustee is “passed over” before a Certificate of Appointment is issued, or before he or she has acted as estate trustee, and “removed” if a Certificate of Appointment is issued or he or she has intermeddled.

Thank you for reading.

Paul Trudelle

Leave a reply

Your email address will not be published. Required fields are marked *

SUBSCRIBE TO OUR BLOG

Enter your email address to subscribe to this blog and receive notifications of new posts by email.
 

CONNECT WITH US

TRY HULL E-STATE PLANNER SOFTWARE

Hull e-State Planner is a comprehensive estate planning software designed to make the estate planning process simple, efficient and client friendly.

Try it here!

CATEGORIES

ARCHIVES

TWITTER WIDGET

  • Today's article takes a look into the case law on the doctrine of righteousness. "The Doctrine of Righteousness an… https://t.co/PcgzxTD7UB
  • Today’s article unpacks the Long-Term Care Covid-19 Commission's final report. "Shocking Findings Revealed by the… https://t.co/WL16OixmEJ
  • Today's article explores section 4 of Ontario's Limitations Act, and reviews some of the cases that have interprete… https://t.co/fdjSPmMuMT
  • Today's article discusses the illusory truth effect, why it happens, and how to avoid it. Beware of the Illusory T… https://t.co/cQnVoV7vGm
  • To all the mothers out there, thank you for everything you do! From everyone here at Hull & Hull, we wish you a Hap… https://t.co/kiTeLtAsoY
  • Estate planning around U.S. citizenship: Step one, confirm status https://t.co/4dOceT2rR7 https://t.co/5AjNPMpHUW