Hostile Attacks on Ontario Executors Can Cost You Big-time
The court dismissed all, except five, objections. The objectors alleged executor fraud. Their hostility towards the executor cost them. The court ordered the objectors to pay $35,000 toward the executor’s costs.
This was a double whammy. The objectors also had to pay their own lawyers.
Can you accuse Ontario executors of theft of estate property? Your evidence better support such allegations.
The lesson for you is that trivial objections can cost you. They increase delays and legal costs in estates.
Courts are reluctant to pay unsuccessful objectors’ costs from estates. These proceedings reduce what is available for beneficiaries. Instead, objectors may end up paying executors’ costs personally for trivial matters.
Can Executor Conduct be Unreasonable?
Yes, executors can also be unreasonable.
Courts can find executors acted for their own benefit and not the estate’s. If that is the case, executors may not be reimbursed for all their legal fees.
Public policy requires estates to be properly administered. Courts must decide if public policy applies. This is the first step for a court to decide who pays fees.
See my previous post – Here’s How Ontario Courts Decide Who Pays Your Legal Costs in Estate Lawsuits.
Make Offers to Settle Estate Disputes
It is wise to make offers to settle any estate dispute. Making reasonable offers can reduce risks of costs awards against you.
Mediation can resolve estate conflict early. This saves time, money, and reduces your stress.
Need a lawyer to help with estate negotiation or mediation? I can help. Estate Law is all I do. Contact me.Posted In: Estates, Executors On: May 26th, 2022