Home -> Law Blog Directory -> Estate Planning Blogs -> Toronto Estate Law Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Estate Planning
: Toronto Estate Law BlogThe Importance of Seeking the Court's Advice in Trust Administration
By Hull and Hull LLP
We have blogged previously on section 35 of Ontario's Trustee Act, which relieves a trustee who has committed a technical breach of trust but has otherwise acted honestly and reasonably. This provision may not be available to a trustee who, confronted with an ambiguous situation, fails to seek the advice and direction of the court, as is the trustee's right under section 60(1) of the Trustee Act. Section 60(1) states:
60. (1) A trustee, guardian or personal representative may, without the institution of an action, apply to the Superior Court of Justice for the opinion, advice or direction of the court on any question respecting the management or administration of the trust property or the assets of a ward or a testator or intestate.
Justice Cullity describes the applicable principles in Merry Estate v. Plaxton, 2002 CanLII 32496 (ON S.C.) at paragraph 35:
"[35] On the question of costs, I am satisfied that no criticism can properly be directed at Mr. Meredith for bringing this application. Section 60 of the Act entitles trustees to seek the opinion, advice and direction of the court with respect to the administration of a trust and, in cases where significant doubt exists as to the scope of their powers and responsibilities, they may not be protected under section 35 if they fail to do this. Although such applications must not be made frivolously – and not merely to relieve applicants from making decisions that are part of their responsibilities under the terms of the trust - they are entitled to have their costs paid out of the trust property if, in the opinion of the court, the application was properly brought. I believe this is such a case."
Merry Estate v. Plaxton also contains a discussion of a trustee's right of indemnity with respect to costs properly incurred, and the relationship between this right of indemnity and litigation cost awards for trustees from trusts. In that application for the court's advice, the trustee Mr. Meredith was awarded full indemnity for his legal expenses in bringing the application.
Have a great day,
Chris Graham
Full post as published by Toronto Estate Law Blog on October 13, 2010 (boomark / email).
Selection of State Supreme Court Judges
How State Court Judges are Selected
Law Enforcement and Criminal Justice Career Choices
Descriptions of law enforcement occupations
Military Veterans Benefits, Part 4
Where to get help
California Supreme Court Proposition 8 Decision
Court Rejects Challenges to Proposition 8, but Finds Marriages Valid
Is Barack Obama a Natural Born Citizen?
Wrotnowski v. Bysiewicz (Supreme Court): Does Obama meet the constitutional requirements to be President
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Stock Market Losses
alleging bad financial advice and conflicts of interest.
Sea Star Agrees $18.5M Settlement in Anti-trust Class Action
Sea Star Agrees $18.5M Settlement in Anti-trust Class Action
Atlas Cold Storage
Income Trust to pay $40 million to settle a class action that claims misrepresented financial statements.
Bush Administration
class action settlement ensures Medicaid beneficiaries can continue to purchase prescription drugs at minimum cost when they become eligible for Medicare.
Ebay Fined
French Court Sets Fine at $61 Million
Personal Injury
Appeals Court Upholds Congressional Legislation

ADVICE TO HARVARD LAW STUDENTS: Be Careful. Trust No-One. Shut Up. My advice is a bit different:
Basics of Trust Administration CLE
Danger Lurks in Trusting Non-Experts for Financial Advice in an Underegulated Industry
Trust Administration… when someone dies
The Importance of Good Funds Dont Trust Fed Wire Numbers








