Removal of Estate Trustee (Beneficiary Affidavit) (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. This affidavit for the removal of an estate trustee is provided by a beneficiary under the will naming the estate trustee as sole executor of the estate. It provides general examples of alleged failings of the executor which may be included by the affiant along with sample wording detailing an example of a specific failing. It prompts the drafter to describe the possible consequences of continued maladministration. It also prompts the drafter to describe the suggested potential replacement and his/her/their plans to better administer the estate. In Ontario, if the will does not provide a mechanism for the replacement of trustees who wish to resign or are incompetent (either because they are mentally incompetent or have been tardy or neglectful in the ...