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ARTICLE · 05 JULY 2024

Appointments Of Estate Trustees During Litigation

In instances where a Will is being formally challenged or an estate is in litigation, an Estate Trustee during Litigation (ETDL)...

CanadaLitigation, Mediation & Arbitration

In instances where a Will is being formally challenged or an estate is in litigation, an Estate Trustee during Litigation (ETDL) may be appointed by the court to administer the estate in a transparent and orderly manner. An ETDL is an independent trustee that acts as a neutral and impartial third party aiming to facilitate discussion amongst opposing parties in a proceeding, in efforts to reach an agreement. An ETDL possesses a fiduciary relationship with the parties involved and must adhere to the direction of the court appointing him/her.

The major responsibilities of an ETDL include (but are not limited to):

  • Administering the estate's assets in a fair and timely manner
  • Protecting and safeguarding the estate's assets

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