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The Basics of Trustee Removal

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This SlideShare presentation discusses the basics of removing a trustee, including information on who is eligible to bring an application to remove a trustee, when it is possible to remove a trustee and more.

Published in: Law
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The Basics of Trustee Removal

  1. 1. The Basics of Trustee Removal 1
  2. 2. 2 How/Where • A proceeding may be brought by court application for the removal of one or more estate trustees • In Ontario, the Superior Court of Justice has jurisdiction at common law and under the relevant legislation (the Trustee Act) to remove a trustee
  3. 3. 3 Who? • Who may bring an application seeking the removal of an estate trustee? – Under the Trustee Act, an estate trustee him or herself, a co-trustee, or any person with a financial interest in the estate may apply for the removal of an estate trustee
  4. 4. 4 Who? • Who may be removed or be appointed in the place of a removed estate trustee? – If, in the court's discretion, an executor, administrator, or trustee has acted improperly and should not continue administering an estate or other trust property, that individual may be removed – When one trustee is removed, the court is authorized to appoint another person or persons to act in the place of the removed trustee – Courts are typically inclined to appoint a new trustee who is neutral rather than one who may be biased in favour of the applicant or removed estate trustee or in favour of one or more beneficiaries to the prejudice of others
  5. 5. 5 When? • An application for the removal of an estate trustee may be commenced regardless of whether a Certificate of Appointment of Estate Trustee has been granted or applied for • The application may be made regardless of whether the estate trustee has already begun the administration of the estate or has not yet acted
  6. 6. 6 Why? • Specific grounds that may constitute grounds for removal include the following: – Bankruptcy of the trustee – Conviction of a felony – Permanent residence outside of the province – Incapacity through illness, age, or inclination – Lack of appreciation of duties – Undue delays – Conflict of interest – Breach of trust
  7. 7. 7 Thank you for reading!

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