removal of a trustee

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.

Testimonials

  • It has been my experience that Neal Steinman conducts his practice, and himself, in accordance with the highest ethical standards and consistently exhibits sound judgment. He has the ability to effectively analyze complex legal issues, resulting in the provision of practical advice to efficiently resolve matters.
    -Senior Counsel in Litigation
  • Neal's all-round excellent legal abilities are coupled with a rare and genuine concern and interest in the well-being of his clients, not only the outcome of their legal issues. His highly competent approach to files frequently employs his unique inventiveness to achieve his clients’ objectives.
    -Counsel in Commercial Litigation
  • Neal has always proven excellent and wise counsel in a range of situations.
    -Counsel in Commercial Litigation
  • Neal treats each client with respect and provides legal services that are designed to meet the client's unique needs. I have referred Neal to my clients and have received very positive feedback. Neal is an excellent lawyer and I recommend his services.
    -Senior Attorney in Commercial Litigation
  • Neal's personal attention to cases and practical advice have served his clients well for over 25 years. He is an excellent litigator and one of the best negotiators in the British Columbia bar, and has represented clients in the insurance industry ranging from large, self-insured corporations to traditional insurance companies.
    -Attorney in Commercial Defense
  • Neal S. Steinman is one of the most knowledgeable, experienced, professional and skilled civil litigators, or barristers, I have ever known. After twenty (20) or so years of practice and having started over 100+ civil Trials, mostly Jury matters, one gets to recognize and respect real talent. Neal S. Steinman has a litigation skill set, both inside the court room and in the board room of a mediation, discovery, or pre-trial, second to very few. I would highly recommend retaining Neal S. Steinman
    -Senior Partner in Civil Litigation
  • In my dealings with Neal Steinman, I am consistently impressed with his analytical ability, his judgment, and his integrity. He is tactful and strategic, but never afraid to stand up for what's right. This is a lawyer I would want in my corner.
    -Counsel in Litigation
  • I have known Neal Steinman for over 30 years. He is a creative, entrepreneurial smart and practical lawyer whose communications skills are top-notch.
    -Partner in Civil Litigation
  • I am a tax partner and managing partner of my own tax boutique firm. I do not do any civil litigation work. I have referred a number of client matters to Neal Steinman over the years. He is an excellent lawyer and always obtained good results for my clients.
    -Attorney in Civil Litigation
  • Neal is an exceptional trial lawyer with good instincts for litigating and settling cases. He is one of the best prepared, most articulate, and practical counsel you can find, having honed his skills at the highest levels of practice at every level of court in British Columbia.
    -Attorney in Commercial Litigation
  • Neal brings a strong combination of experience, ethics, and energy to his practice. He is practical, problem-solving lawyer who is also unafraid to step into the courtroom when needed.
    -Counsel in Civil litigation
  • Neal is a very capable and skilled lawyer who thinks well on his feet and in the crunch of the moment in argument before the Bench. He is personable polite respectful of peers and well prepared. He finds practical and direct solutions to varied litigation problems. He is a capable navigator of the Court process and is very experienced, especially in defending commercial, estate litigation and motor vehicle accident claims. He works cooperatively with other team lawyers when it is required.
    -Senior Counsel in Commercial Litigation

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