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ARTICLE · 30 JULY 2024

Intermeddling: What Is The Threshold For Having 'Acted' As Estate Trustee?

Hull & Hull LLP
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Being an estate trustee is a significant responsibility – one that is often significantly more difficult and thankless than many people realize when they first agree to act in this capacity.

CanadaFamily and Matrimonial
Doug Higgins
Doug Higgins

Being an estate trustee is a significant responsibility – one that is often significantly more difficult and thankless than many people realize when they first agree to act in this capacity. One challenge is that key information is often hidden at first glance – and so a prospective trustee will agree to take on a job before they realize what they are getting themselves into.

For complex estates, or those which become subject to litigation, the period of administration can unfortunately last years. And while estate trustees are entitled at law to compensation for their efforts, this undertaking can be a source of considerable stress – for many, it is simply not worth it.

So, can this responsibility be escaped? For individuals who have not yet taken action, the answer is yes. An individual can simply decline to act. Doing so is known as renunciation – the formal rejection of the testamentary role.

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