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Tuesday, May 17, 2011

Judge disallows executor's fee for manipulative, deceitful executor

Executors who are being careless or deceitful and not properly looking after the estates they are supposed to protect should read this case. So should beneficiaries who are suffering at the hands of that kind of executor and wondering whether there is anything they can do. In this case, the executor "breached her duty of honesty and utmost good faith, was prepared to simply cut a cheque to pay out a claim against the estate without any investigation into its merits, and was prepared to use the threat of destroying the testator’s beloved pets as a means to try to extract benefits for her friends and herself".

I'm talking about the recent Ontario case of Re Watson Estate. The court got it exactly right, in my view, by refusing to allow the executor to receive a fee and ordering her to repay the fee she had already taken. To read a description of the case on the All About Estates blog, click here.

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