Trustee/Executor Compensation Disputes
A "court recognized" tariff has evolved for estate trustees' compensation. The tariff applies percentages to various sections of the accounts. Additionally, 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.
A heavily litigated area of law, the payment of a trustee or executor for the services and management he or she provides can seem excessive to the beneficiaries, particularly if an individual is perceived as being in the position primarily for profit. These disputes can be highly complex and contentious, as the careful balance between appropriate and excessive compensation can be a tough line to negotiate.
In cases such as these — where ambiguous rules, competing expectations and inter-family conflict can complicate an already difficult matter — it can be important to get experienced and knowledgeable counsel. At the law offices of Hull & Hull LLP, in Toronto and Oakville, we have been serving Ontario clients for more than 50 years.
Hull & Hull LLP is proud to be a respected leader in estate litigation and dispute resolution.
Resolving Issues of Executor and Trustee Compensation
Particularly in situations where executor or trust compensation isn't explicitly defined by a testamentary document such as a will, the appropriate payment can be uncertain. It is understood that trustees and executors should not excessively profit from fees, but there can be substantial room for interpretation.
Our lawyers are highly respected litigators and counsellors in matters of trustee and executor disputes. We understand the sometimes archaic law that governs Canadian trusts and estates, as well as the obligations of trustees and executors. We also are proud to have established a respected reputation for building practical solutions to resolve conflicts in and out of the courtroom.
We build custom client solutions for resolving conflicts involving trustee and executor compensation disputes. We have a proven record of litigation success, and we have argued at every level of the Canadian court system, including before the Supreme Court of Canada. We also help clients negotiate and facilitate mediation and alternative dispute resolution options.
Experienced Counsel — Proven Client Service
If you are bringing a compensation claim as a beneficiary, or if you have been accused of profiting in your role as trustee or executor, it is important to work with professionals who understand the law and have a proven track record for building workable solutions. Contact our offices to schedule an initial consultation and case review.