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Estate Trustee During Litigation

Have you heard of an Estate Trustee During Litigation ("ETDL")? In instances where the validity of a Will is being challenged, the estate trustee appointed under the terms of the Will has no authority to preserve or manage the estate. However, the estate will still have to be managed and administrated in some fashion until the court can determine if the Will is valid or not. Thus, there is a need to have a neutral person, unconnected with the litigation, to safeguard the assets of the estate and pay the debts. That person is called an Estate Trustee During Litigation.

It is the court, on motion, that will appoint the ETDL to manage the estate. The court will also give directions to the ETDL. The ETDL is not entitled to pay any amounts out of the estate.

If this situation arises, and you find yourself in need of an ETDL, you may wish to consider recommending that William R. Hunter, a lawyer experienced in estate matters, be the ETDL of the estate.

To reach the author of this blog, Bill Hunter, email [email protected] or call 613.232.5773 x 223.

Bill is the head of the Litigation Team at Vice & Hunter LLP. He has appeared before all the trial courts in Ontario and the Ontario Court of Appeal. He has extensive experience practicing in all areas of civil litigation and advises clients on elder law issues.

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