Charities and Applications to Pass Accounts – Do you need to serve the Public Guardian and Trustee?

October 23, 2017 Stuart Clark Passing of Accounts Tags: , , , , , , , , 0 Comments

You are the Estate Trustee of an estate in which the testator left a substantial portion of the residue to certain specifically named charities. The charities who are named as beneficiaries are well established large charitable organizations whom you have corresponded with directly. Such charities have retained counsel to represent them concerning their interests in the estate, and such counsel have in turn requested that you commence an Application to Pass Accounts regarding your administration of the estate.

In preparing the Application to Pass Accounts you turn your mind to who you should serve with the Application. Rule 74.18(3) of the Rules of Civil Procedure provides that an Application to Pass Accounts shall be served on “each person who has a contingent or vested interest in the estate“.

Although you are aware of the general supervisory role that the Office of the Public Guardian and Trustee (the “PGT”) has over charities in the Province of Ontario, as the charities in this instance are well established and represented by counsel, you question whether you need to serve the PGT in addition to the charities with the Application to Pass Accounts. It is, after all, the charities themselves who have a “contingent or vested interest in the estate“, and as the PGT and the charities would be representing the same financial interest you question whether it is necessary.

The requirement to serve the PGT with any Application to Pass Accounts where a charitable bequest is involved is established by section 49(8) of the Estates Act, which provides:

Where by the terms of a will or other instrument in writing under which such an executor, administrator or trustee acts, real or personal property or any right or interest therein, or proceeds therefrom have heretofore been given, or are hereafter to be vested in any person, executor, administrator or trustee for any religious, educational, charitable or other purpose, or are to be applied by them to or for any such purpose, notice of taking the accounts shall be served upon the Public Guardian and Trustee.” [emphasis added]

The requirement to serve the PGT with any Application to Pass Accounts when a charitable bequest is involved as established by section 49(8) of the Estates Act exists in addition to the general requirement to serve all individuals with a “contingent or vested interest” as established by rule 74.18(3). To this respect, when a Will leaves a bequest to a specifically named charity, the Application to Pass Accounts must be served upon the specifically named charity as well as the PGT. Although from a practical standpoint the PGT’s active participation in an Application to Pass Accounts where a charity is representing itself is unlikely, with the PGT deferring to the charity to protect their own interest, the service requirements remain nonetheless, and both entities could in theory participate in the Application to Pass Accounts, and both could in theory file separate Notices of Objection to Accounts.

Thank you for reading.

Stuart Clark

Can a Fiduciary Overcome Poor Record-Keeping?

Remedies for Breach of Trust on a Passing of Accounts

Passings of Accounts and Serving the Public Guardian and Trustee

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

  • "Despite the obvious power imbalance between an attorney and an incapable grantor, and the potential for abuse, the… https://t.co/Tz8QpKcBKD
  • Costs in SDA Proceedings: A Lesson from Rudin-Brown Last Monday's article delves into the costs decision of Rudin… https://t.co/TIu6QN458W
  • Read today's article about how British North America’s first known black lawyer saved @queensu from financial ruin.… https://t.co/H7lCOZxjHc
  • Hull on Estates #627 – What is the Role of the Office of the Public Guardian and Trustee? Listen to the most recen… https://t.co/8E0ifA1nId
  • Today's article explores the motion to dismiss for delay in Nelson v. Rancourt, 2021 ONSC 4767. This case is about… https://t.co/Zi4QrwEtXN
  • Clarifying the Rights of Individuals Related by Marriage and Half-Relations The December 2021 Solicitor Tip of the… https://t.co/3gAPvD0nKW