Administering an estate isn’t a suggestion — it’s a legal obligation. And when a trustee fails to fulfill that obligation, the court has no issue stepping in. The Ontario Superior Court’s decision in Hockney v. Kneeland, 2025 ONSC 1309, makes it clear: executors who delay without justification put themselves at serious risk — especially when beneficiaries are left in the dark.
What Happened?
In this case, the Respondent — a lawyer and the estate trustee — was appointed to administer her grandmother’s estate, which was to be divided equally among seven grandchildren. Initially, she assured the beneficiaries of that plan and even made a partial distribution of $15,000 each in 2017.
But after that, things stalled. Over the years, her communication dropped off entirely. She blamed probate issues, lost paperwork, and health concerns — but nothing justified the fact that the remaining funds, approximately $150,000, remained undistributed for years.
Efforts to get answers through the Law Society led to a caution and, later, an undertaking to finalize the estate. Still, nothing happened. By 2024, the beneficiaries had had enough — and took the matter to court.
The Court’s View
Justice Myers didn’t mince words. The trustee had been unresponsive, difficult to serve, and ultimately failed in her duties. The court was troubled not just by the delay, but by the apparent indifference to her role. Given the lack of transparency and prolonged inaction, the court validated service despite evasion and ordered a full accounting, with a clear warning about the seriousness of her conduct.
Why It Matters
Being a trustee means more than holding a title. It means being accountable — to the beneficiaries, to the court, and to the intentions of the deceased. Delays without clear and compelling reasons, especially when paired with poor communication, can amount to a breach of fiduciary duty.
At Kimel Law Group, we regularly work with both executors navigating complex estates and beneficiaries concerned about a lack of progress. If you’re worried about how an estate is being handled — or if you’ve been named a trustee and feel uncertain about your responsibilities — our team can guide you through it.