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ARTICLE · 20 NOVEMBER 2017

Forcing The Hand Of A Trustee: Interim Distributions

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This case sets a precedent for beneficiaries that wish to compel the distribution of assets from the executor through court proceedings.

CanadaFamily and Matrimonial
Veronica Sjolin
Veronica Sjolin
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In Reznik v. Matty, the petitioner sought an order compelling the executor and trustee to distribute about $15,000-$20,000 to each of the four residuary beneficiaries.  The estate held a reasonable amount of assets, including approximately $96,000 in cash and was the sole shareholder in a company which owned three vacant lots that had been listed for sale for approximately $560,000.  There had already been a previous interim distribution.

Why is the Case Important?

This case sets a precedent for beneficiaries that wish to compel the distribution of assets from the executor through court proceedings.  While each case will turn on its facts (and the facts of this case were critical to the outcome), a court may have jurisdiction to compel an executor to make an interim distribution.  If the executor does not demonstrate just cause for not making the distribution, he or she may be personally liable for costs of the proceeding. 

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