Effective, efficient and fair ETDL services
We provide ETDL services that are efficient, effective, and of the highest integrity.
Parties to litigation can be confident that as the ETDL we will adminster the estate properly, in a timely manner, and in the best interests of all beneficiaries. We are scrupulous about maintaining an ‘even hand’ as between beneficiaries: we don’t pick winners or have favourites, nor do we get bullied or ‘take instructions’ from any one beneficiary.
Frequently, partial administration of the estate by an ETDL helps to resolve the impasses between the parties – it removes obstacles and provides clarity on the way forward. Thus, ETDL appointments often expedite resolution of the estate dispute that led to the need for an ETDL.
On request, we will provide counsel with a draft Order for our appointment as the ETDL in accordance with Rule 75.06(3)(f) of the Rules of Civil Procedure. We can assist parties and counsel with the nuances of ETDL appointments including a PDF of our capabilities for submission and our Consent to the proposed Order.
Our deep experience in estate administration (we administer dozens of estates every year) and estate litigation (we have litigated dozens of estate disputes) means that when we are appointed the Estate Trustee During Litigation by the Court we can move forward with estate administration and deal with the vagaries of on-going litigation without being distracted or unduly delayed.
Our expertise in estate administration means that we have the tools, experience, and deep connections with all of the necessary services and service providers to administer properly, and quickly. We have a pre-existing and vetted network of property managers, appraisers, realtors, CPAs and others. When the estate contains real properties, we and move quickly to have them valued, cleaned, staged, listed and sold promptly, whether they are vacant single family homes or tenanted multi-unit buildings.
Fees: Our ETDL services are provided on an hourly rate basis, and subject to review and approval by the Court.
Expenses: All disbursements and third party fees are charged to the estate without mark up.
No retainer: Often we are willing to act without an upfront retainer, as our fees are usually secured by the assets of the estate.
Deferred EAT: Estates that require the appointment of an estate trustee during litigation often have limited immediate liquidity for payment of Estate Administration Tax. We have extensive experience securing Court orders that permit a brief deferral of payment of EAT until we have secured control over the estate’s assets.
No bonding: We are experienced estate lawyers licensed to practice by the Law Society of Ontario. We carry basic and excess loss insurance provided by lawPro which covers our estate trustee work. Accordingly, Courts rarely have any reservation dispensing with the requirement for a bond when we are appointed to act as the ETDL.
Tax filings: Our team of CPAs prepares and files Canadian income tax returns for estate trustees. This in-house capability ensures that our ETDL engagements move as swiftly as possible, without undue delays and with certainty as to tax liabilites.
Accounting and distributions to beneficiaries: We have a firm policy of favouring substantial early interim distributions to beneficiaries, subject to holdbacks for all reaonably foreseeable future liabilties. However, when an ETDL is appointed, Court approval is usually required before any distribution to anyone. We work with the parties and their counsel to ensure that the Court receives full and proper accounting for review in a timely manner to expedite fair interim distributions.
ETDL to ET: Many ETDL engagements convert to conventional estate trustee engagements when the parties have resolved the issues between them. We welcome such changes in engagement.
We welcome inquires from parties and their counsel about our ETDL services.