John Osgoode Smith practises estates and trusts law: wills, trusts and powers of attorney; estate administration, advising trustees and acting as
estate trustee during litigation.
The parties agreed and, without giving notice to the Office of the Public Guardian and Trustee («OPGT»), they obtained a court order appointing the Public Guardian and Trustee as
estate trustee during litigation on a temporary basis (namely, to complete the sale of the deceased's house, liquidate his other assets, and to resolve the pressing issue of whether the deceased was to be cremated or buried).
Justin routinely acts as a court appointed
estate trustee during litigation and is counsel to the Oakville Community Foundation.
However, in some simple estates, where the assets are all in liquid form, such as T - Bills or GICs and little else is required to administer the estate, a Court may decide that
an Estate Trustee During Litigation is not necessary.
Tags: Court Applications to Remove an Executor / Estate Trustee,
Estate Trustee During Litigation
The recent endorsement of Justice Greer in McColl v. McColl illustrates the broad authority of the Court to appoint
an Estate Trustee During Litigation (ETDL), and where warranted, to dispense with the requirement that the ETDL post a bond.
Continue with the executor that was appointed by the will as
an estate trustee during litigation but put stringent rules or limits on his or her powers;
An Estate Trustee During Litigation (ETDL) is often appointed by the Court pursuant to the Ontario Estates Act to administer an estate while litigation is ongoing.
Not exact matches
Business Insider recently talked to some of the people who were around Hopper
during the making of «The Last Movie,» as well as Marin Hopper, daughter of the legendary actor / filmmaker, who is one of the
trustees of the Hopper
estate and current rights holder of «The Last Movie.»
It allows a bankruptcy court
trustee to recover preferential payments made
during this 90 day time frame to bring the payment back to the bankruptcy
estate, but it does so at the discretion of the case
trustee.
The
trustees take the payments that have been made
during the 90 days up to filing to place them back into the bankruptcy
estate.
If you aren't serving as both the Executor of the
Estate and
Trustee of the Trust, you want to stay in close touch with the Executor
during the first few months.
Section 284 of IA 1986 provides that where a person is adjudged bankrupt, any disposition made
during the period beginning with the date of the presentation of the petition (in this case 9 March 2009) and ending with the vesting of the bankrupt's
estate in a
trustee in bankruptcy will be void unless subject to the court's earlier approval or subsequent ratification.
An
estate trustee may also seek a declaration of death where the person has been absent for at least seven years, has not been heard of or from
during that period, she has no reason to believe that person alive and there is sufficient evidence to find that the person is dead.
While the standard run - off protection would not cover such services provided by you after retirement, you may apply for increased run - off coverage that could cover such work as an
estate trustee, etc.
during retirement.
Some courts in Canada have ruled the proceeds of a D&O policy, including the advancement of defence costs
during bankruptcy, constitute part of the bankrupt
estate, meaning that disbursement will be at the
trustee's discretion.