Ontario Estate Lawsuits: Revealing the Hidden Financial Burdens

What does it cost to replace an estate executor? The costs are horrendous. Make sure you name a backup executor in your will.

To remove an executor, you require a court order. Courts must agree there are grounds for removal.

Hopefully you will name an alternative executor in your will. Your estate beneficiaries must apply in court to replace your executor/estate trustee. This assumes, of course, they have grounds for a court to remove an estate trustee. See my post, How to Successfully Remove an Estate Executor in Ontario.

Hopefully your will names a replacement executor. Courts normally appoint an independent, neutral party to handle estate administration.

This new, independent professional executor likely requests compensation fees. This could be negotiated in the range of 5% of the estate’s value, plus their legal fees. This does not include any annual minimum fees for estate administration by a trust company. You could also select an independent professional, such as an accountant or estate lawyer, to administer the estate.

Hidden Costs of Estate Lawsuits

I advised a deceased’s relative that he may be unsuccessful. Why is that dangerous? In Ontario, the courts have discretion to determine who pays for legal costs in estate disputes.

Normally, the general rule is that losers pay 60% to 65% of the winners’ legal costs. Courts can decide the cost amounts, or they can be negotiated. The losers also are responsible for paying their own legal costs. This may be a double whammy if you lose your court case.

Court Discretion on Costs

Judges decide who pays the legal costs in Ontario estate matters. If you proceed to court and have refused reasonable offers to settle, you could be penalized by the court for failing to act reasonably.

In all Ontario estate lawsuits, there is risk of the double whammy of costs. There are no jury trials in Ontario estate matters. Costs are always negotiated or determined by the judge handling the dispute. Are you interested in finding grounds for a court to remove an executor?

Read my next blog, How to Successfully Remove an Estate Executor in Ontario.

Call If You Need Help

Every estate situation is different. You need legal advice to review the will and consider your options. Are you suffering from neglect or misconduct by an existing estate executor? Stop the misconduct before the estate is permanently damaged.

Contact me for a meeting to discuss your situation. I look forward to helping you.

As a Certified Specialist, estate law is all I do.