Published in Law Blog | Estate Litigation | Wills & Estates
By Epstein & Associates on March 18, 2023
Inheritance is the distribution of a person’s property, including their debts and obligations, upon death. Typically, inheritance usually passes from an older generation to a younger generation. In Ontario, the person that transfers the inheritance out of the estate is known as the estate trustee, and the person who receives the inheritance is known as the beneficiary. Beneficiaries can be anyone including family members of the deceased, friends of the deceased and even entities such as nonprofit organizations and charities. The estate trustee is the only person with the legal power to manage or distribute the estate of a person who passed away with a will.
When dealing with inheritance disputes between siblings, there is often a way for the parties to come to a peaceful resolution amongst themselves. However, where this is not possible, it is best to consult a lawyer with experience in dealing with estate planning and dispute resolution matters.
The passing of accounts may be useful in inheritance disputes between siblings when there is concern that an estate trustee did not act fairly in distributing the inheritance. By issuing a court order for the passing of accounts, the judge will review accounts and determine which aspects to allow, disallow or modify. This may provide siblings with a better outcome if they feel that the deceased’s account was mismanaged or dealt with in a dishonest manner.
Epstein & Associates, Ontario, Canada
