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  • Legacy Lexicon
An estate trustee is required to act impartially between all the beneficiaries and to not favor one or more beneficiaries over others. This is colloquially described as the duty to ‘maintain an even hand’. 19 Sep
  • by Estates Gone Wrong
  • Beneficiary Rights, Curated Content

Treating Beneficiaries Equally: The “Even-Hand Rule”

Neutral Ground in Family Storms: How the appointment of a professional estate executor can help families navigate turbulent waters. 12 Sep
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Reasons for Appointing a Neutral Professional in The Role of Executor

As an executor, it is important to be aware that simply being in a position where your interests appear to conflict with those of the beneficiaries may be enough for a court to remove you as an executor. 08 Sep
  • by Estates Gone Wrong
  • Curated Content, Related Resources

Examples of Executor-Beneficiary Conflict of Interest

The term "executor" itself is used across many legal systems and cultures. Other terms like "estate trustee" and "estate representative" are also used, but the core function remains the same: managing the estate according to the will. 14 Aug
  • by Estates Gone Wrong
  • Generated Content, Legacy Lexicon

Estate Executor: Role —by any other name— Remains the Same

An executor has both authority and legal duty. With that comes potential risk. Acting without proper guidance can expose you to delays, disputes, or even personal liability. This article highlights the top five executor missteps and how to steer clear of them... 03 Aug
  • by Estates Gone Wrong
  • Common Mistakes, Curated Content

Top 5 Mistakes Executors Make & How To Avoid Them: Ontario

Recent Ontario Court of Appeal ruling reaffirms the modern cost approach in estate litigation: trustees who fail in their duties may not only be removed but may also bear the personal financial burden of their choices. 22 Jul
  • by Estates Gone Wrong
  • Communication Breakdowns, Curated Content

Personal Liability for Costs Due to Breach of Fiduciary Duty: Ontario

In Ontario, the term "executor" is now often replaced with "estate trustee" to more accurately reflect the fiduciary role they play in managing an estate. This change is not Canada-wide, but specific to Ontario's legal terminology.  21 Jul
  • by Estates Gone Wrong
  • Generated Content, Legacy Lexicon

Executor vs. Estate Trustee: Ontario Specific Legal Terminology

Acting as an Estate Trustee can be challenging. It is important to appoint an individual who is responsible and reliable to fulfil this role as they have a fiduciary responsibility to the beneficiaries. 18 Jul
  • by Estates Gone Wrong
  • Curated Content, Frequently Asked Questions

What is an Estate Trustee? What are their Responsibilities?

The fight over Jimmy Buffett’s fortune reveals pitfalls for enterprising families— Appointing multiple trustees to oversee an estate comes with risks. All is not well in Margaritaville... 16 Jul
  • by Estates Gone Wrong
  • Celebrity Estates, Curated Content

Multiple Trustees in Margaritaville: Jimmy Buffett’s Estate

Estate Administration: The Biggest Mistakes Executors Make 04 Jul
  • by Estates Gone Wrong
  • Common Mistakes, Generated Content

Biggest Mistakes Executors Make During Estate Administration

When a Will contains vague, contradictory, or incomplete instructions, it doesn’t just create paperwork headaches— it can ignite family disputes that last for years. 11 Jun
  • by Estates Gone Wrong
  • Communication Breakdowns, Curated Content

What Really Happens When Wills Aren’t Clear?

Fiduciary Duty: Definition & Different Types Explained 25 May
  • by Estates Gone Wrong
  • Curated Content, Legacy Lexicon

Fiduciary Duty: Definition & Different Types Explained

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Recent:

A will is intended to provide clear instructions about the distribution of a person’s property after death. But what happens when an important clause is missing? This recent Ontario court case is a useful reminder of the difficulties that can arise...

What Happens When a Will is Missing an Important Clause?

In many cases, an executor’s first instinct is not to call a lawyer. It is to ask Google. The problem? Google can provide thousands of answers, many of which are incomplete, inaccurate, or based on another jurisdiction. Executors need practical guidance tailored to the particular estate they are administering.

Cautionary Guidance for Executors: Google at Your Own Risk!

Many people hear “executor” and think it means reading the will and writing a few checks. In reality, executors can face personal liability. Find out exactly what you're agreeing to, before you agree...

Agreeing To Serve As Executor: Not As Simple As It Sounds

Holograph wills and codicils are often viewed as a simple and inexpensive way to record testamentary wishes. Ironically, the very simplicity that makes holograph codicils attractive can also make them extraordinarily vulnerable...

Ontario Case Study: The Hidden Risks of a DIY Codicil

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