North York Fiduciary Duties Law Firm — Estate and Trust Lawyers
The laws governing trustees, executors and even lawyers can be convoluted, arcane and distressingly vague. It is not simply a matter of reading and executing statute, but of reviewing decades and even centuries of legal precedent to make a convincing case when challenged by an aggrieved beneficiary.
At the law offices of Hull & Hull LLP, we have established a 50-year reputation of successful, knowledgeable and respected practice in the areas of estate and trust law. Based from our offices in Toronto and Oakville, Ontario, we practice exclusively in these areas of law and are proud to be recognized as a regional and national leader in our field.
Practical Knowledge for Custom Solutions
We handle a wide range of estate and trust law matters, including representation in trustee and executor disputes as well as defence of solicitor's negligence claims. Our Toronto trustee and attorney obligations lawyers are trusted professionals who have demonstrated effectiveness in and out of the courtroom.
We counsel, advise and advocate for our clients in matters of:
- Asset and Estate Management:
- We help fiduciaries ensure that they act solely in the interests of the estate or grantor of the Attorney for Property in terms of the management of assets.
- Estate and Trust Accounting:
- A Trustee must keep accurate and up-to-date accounts of the assets in an estate or trust. Sufficient records should be kept so that a passing of accounts can be prepared upon request.
- Powers of Attorney:
- By signing a Power of Attorney while capable, a grantor is able to have his or her own choice as to an attorney to act on his or her behalf in the event of incapacity or where the grantor, while capable, is simply unavailable when important decisions must be made or actions taken on a timely basis.
- A "court recognized" tariff has evolved for estate trustees' compensation. The tariff applies percentages to various sections of the accounts.
- A continuing Power of Attorney for property may be entitled to annual compensation from the property in accordance with the prescribed fee scale on a monthly, quarterly, or annual payment basis.
- Fiduciary Duties and Obligations:
- We help fiduciaries ensure that they act solely in the interests of the estate or grantor of the Attorney for Property or Personal Care.
- Investment or Disbursement of Funds:
- An Estate Trustee has a duty to make investment decisions pending the distribution of the estate.
- The trustee may have a duty to diversify the investment portfolio, having regard to the requirements of the trust, and general economic and investment market conditions.
- Breakfast Series:
- Your attendance at Hull & Hull LLP's Breakfast Series is recognized by the Law Society as a Continuing Professional Development activity.
- Guardianship-Capacity Issues:
- There are two procedures for becoming a court-appointed guardian: the "standard procedure" and the "summary disposition procedure". Assessments, sometimes by official "assessors", are required in the summary disposition procedure. By use of the summary disposition procedure, a judgment appointing a guardian can be obtained without recourse to a judicial hearing.
- Your role as property guardian is to step into the incapable's shoes for the purposes of making financial decisions and transactions on his or her behalf, as well as protecting his or her financial welfare.
- The essential role of a personal care guardian is to act as a substitute decision maker and make personal care decisions for the incapable when necessary. Personal care decisions can include decisions concerning where to live, what to eat, safety, clothing, personal hygiene and health care.
We can work in an advisory capacity for executors or trustees who need to understand or clarify their obligations. We can also help you negotiate, litigate or facilitate mediation when a dispute with a client or beneficiary arises.
Consult With a Trusted Advisor
At Hull & Hull LLP, we have counselled trustees, executors and solicitors in complex estate and trust law matters for over 50 years. Schedule an appointment at our Toronto or Oakville offices by phone at 1-866-497-0903 or contact our estate planning and litigation law firm online.