Published on millsandmills.ca | Blog & Articles
By Richard Worsfold, April 10th, 2024
The courts in Ontario have repeatedly emphasized that they are reluctant to remove named executors or estate trustees at the request of beneficiaries of the estate. The principle of testamentary freedom provides that the testator’s wishes as to who should manage their estate should be respected except for the most extreme cases of malfeasance.
A recent decision of the Ontario Superior Court, however, confirms that the court will use the discretion it has to remove a misbehaving estate trustee where such an order is necessary to ensure that an estate is administered properly in accordance with the fiduciary duties of the estate trustee and with due regard to the interests and welfare of the beneficiaries.
While the test to remove a misbehaving estate trustee is undoubtedly a high bar, this decision shows that the court will act in cases of necessity, provided that evidence is before them that shows the need to remove the estate trustees to ensure that the estate is properly administered.
Richard Worsfold, Partner, Mills & Mills LLP
