Acting as an estate trustee is a serious responsibility – and Ontario courts are increasingly willing to hold trustees personally accountable when they fail to uphold their fiduciary duties. In some cases, trustees have been removed from their role or ordered to...
In Ontario estate litigation, one of the most contentious issues beneficiaries face is what to do with real estate held in the estate — particularly when they don’t agree. Whether it’s the family home, a cottage, or an investment property, conflicts often arise when...
One of the most common questions we hear from beneficiaries is: “Why is this taking so long?” Estate administration in Ontario can be a complex process, and while there is no fixed deadline by law, executors are expected to move at a reasonable pace. If you’re an...
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...
When someone is named as an executor in a will, they have the legal responsibility to manage and distribute the estate according to the deceased’s wishes. However, not all executors are willing or able to fulfill this role. Whether due to personal reasons, conflicts,...
For many Canadians, estate planning feels like a task to put off for another day. Shockingly, over half of Canadians do not have a will, leaving their loved ones vulnerable to unnecessary legal and emotional challenges. At Kimel Law Group, we often see the unfortunate...
