Notice of Application (Estate Trustee Removal) (ON)

Summary

This precedent is an affidavit of a beneficiary of an estate wishing to remove an estate trustee pursuant to s. 37(1) of the Trustee Act, R.S.O. 1990, c T.23 ("Trustee Act"). It contains practical guidance and drafting notes. If any person interested in the estate of the deceased or a co-estate trustee wants to have the estate trustee removed, they must bring an application before the Court to have the estate trustee removed (Trustee Act, s. 37(3)). This applies whether or not that executor has taken out probate of the will, once they have assumed the duties of an executor and acted in the administration of the estate (see: Carmichael v. Carmichael Estate, [2000] O.J. No. 83 (S.C.J.)). Courts are reluctant to remove a trustee appointed by the testator unless it is in best interests of beneficiaries. The estate trustee's acts or omissions must be such as to endanger the trust property. The Ontario Superior Court of Justice is vested with the power to remove a personal representative by ...