Our firm can help you assess the situation when you believe a trustee or executor is not fulfilling the duties of his or her role. Whether they are completely failing to fulfill their responsibilities by doing nothing when it comes to managing an estate, reporting to the court, timely distribution of assets to beneficiaries or even responding to requests for answers and updates, we can help bring them into compliance or have them removed and someone new appointed who is willing and able to fulfill these duties.
If you suspect nefarious or dishonest conduct on the part of a trustee or executor, we can help you petition the court to demonstrate a breach of fiduciary duty has occurred and that a removal action is necessary and in the best interest of the estate. This can include instances of fraud, dishonesty, misappropriation of assets or an executor or trustee compensating themselves inappropriately.
Removal of a Trustee or Executor
Are you a trustee or executor whose actions are being questioned by beneficiaries or other parties who have an interest in the estate you are managing? Do you feel a trustee or executor is not acting appropriately and wish to have them removed from his or her role?
No matter which side of the situation you find yourself in, the Vancouver, British Columbia, lawyers at Steinmans Trial Lawyers are here to help provide clear guidance and assertive representation to help you accomplish a fair and favourable result that meets your needs. Whether you need to defend yourself or you are a party who wants to initiate removal proceedings, we have the skill and trial experience to diligently represent you.
Although the process is not easy, the court does have jurisdiction to remove a trustee or executor when the representative commits acts or omissions that “…endangered the trust property or show a want of honesty or of proper capacity to execute the duties, or want of reasonable fidelity…”
The main reason guiding the removal of a trustee or the executor is the welfare of the beneficiaries. Our Vancouver estate fraud lawyers know how to build a strong case for removal using this standard to protect a loved one’s estate and wishes.
Even in cases where an estate has multiple executors or trustees, when conflict arises that paralyses the estate from being properly managed, the court can intervene and remove one of the trustees or executors so the estate can function. Our Surrey conflict of interest solicitors can also seek to cancel or change a power of attorney when the representative or lawyer assigned is not complying with the wishes set out in the document.
Misconduct on the part of a trustee is not a necessary prerequisite to the court removing a trustee. If “…the continued administration of the trust with due regard for the interests of [the beneficiaries] has by virtue of the situation arising between the trustees become impossible or improbable”, then the court can remove a trustee.
If you are a trustee or executor facing allegations of misconduct and a removal action, we can help you defend yourself in and out of court. This also includes situations where compensation for your duties in the role has become an issue. We will vigorously protect your rights and interests.
A court will grant an application for removal of a personal representative from administering an estate if the personal representative’s duties conflict with his or her personal interests, the personal representative’s conduct endangered estate assets, or the personal representative has benefitted at the expense of the estate.
Contact Us Today for Detailed Estate Litigation Counsel.
Steinmans Trial Lawyers is committed to helping clients with all types of trustee and executor issues. To learn more about our services and how we can help you, we encourage you to contact us online today or call us at 604.692.2525 to schedule an appointment.
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