The Ontario Court of Appeal’s recent decision in Kasanda v. Sartarelli, 2025 ONCA 27 reinforces key legal principles governing estate trustee removal in Ontario. This case reaffirms that the welfare of the beneficiaries and the proper administration of the estate remain the primary considerations when courts assess whether a trustee should be removed.

At the center of the dispute was whether the estate trustee’s actions warranted removal. The court upheld the long-standing principle that trustees may be removed if their conduct endangers the estate’s administration or creates a serious risk to beneficiaries’ interests. Mismanagement, self-dealing, or significant conflicts of interest can all justify judicial intervention. However, courts exercise discretion and do not remove trustees lightly—there must be clear evidence that their continued role would undermine the estate’s proper execution.

This decision underscores critical obligations for estate trustees. Fiduciary duties require them to act in good faith, maintain transparency, and administer estate assets with diligence. Any failure to fulfill these obligations—whether through poor record-keeping, conflicts of interest, or breaches of trust—may give beneficiaries legal grounds to seek their removal. Beneficiaries are not without recourse when a trustee fails to act responsibly, and courts remain committed to ensuring accountability in estate administration.

Kasanda v. Sartarelli also highlights the importance of judicial oversight in estate disputes. The court will intervene when a trustee’s actions impede the fair, efficient, and impartial administration of an estate. While minor disagreements between beneficiaries and trustees do not justify removal, more serious issues—such as mismanagement, delay, or conflict-driven dysfunction—can be grounds for action. This ruling serves as a reminder that trustees must prioritize the best interests of beneficiaries over personal considerations.

Understanding the legal framework surrounding estate trustee removal is essential for both trustees and beneficiaries. Trustees must uphold their fiduciary obligations to avoid legal challenges, while beneficiaries must recognize the specific criteria courts use to justify removal. If concerns arise, seeking timely legal advice is crucial to addressing disputes before they escalate.

At Kimel Law Group, we specialize in estate litigation, including trustee disputes and removal proceedings. If you believe an estate trustee is failing to administer an estate properly or if you are a trustee facing allegations that could lead to removal, our team is here to provide strategic legal guidance. Contact us today for a consultation.

The information and comments herein are for the general information of the reader and are not intended as advice or opinion to be relied upon in relation to any particular circumstances. For particular application of the law to specific situations, the reader should seek professional advice.