Effective, efficient and fair ETDL services
We provide ETDL services that are efficient, effective and of highest integrity.
In this role, we handle the entire estate while litigation is on-going. Usually, this includes ensuring that assets are protected, monetized and invested prudently, and liabilities and expenses are paid on time.
We are very well-suited to this role because of our extensive experience in both estate litigation and estate administration. We have appeared in most Courts in Ontario on a very wide range of estate matters (including frequently securing orders appointing an ETDL), and we administer dozens of estates each year.
Parties to litigation can be confident that as the ETDL we will administer 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.
What we need
If you wish to propose one of us to a Court for appointment as the ETDL, we will require detailed information about the estate including assets and liabilities, and the on-going litigation.
Generally, it is best if your counsel contacts us directly to discuss the matter.
What the Court will need
The Court will require a proposed Order for an appointment pursuant to Rule 75.06(3)(f) of the Rules of Civil Procedure and a signed Consent to Act from us. Often, the Court will require information about the specific individual who will become the ETDL, their experience, and ability to handle the estate. You may provide this material to the Court, and we can provide a CV for the particular lawyer from our firm who will be acting as the ETDL (and other related information as required).
We will provide a draft Order for our appointment as ETDL. Please do not make changes to this draft without securing our approval. This draft Order should be shared with all parties to the litigation and ideally all parties should consent to our appointment and the terms of the Order prior to any hearing.
We will provide a signed Consent to Act well prior to the hearing.
After the Court orders our appointment, we handle all aspects of securing the Certificate of Appointment as Estate Trustee During Litigation.
Our fees & disbursements
When we act as the ETDL, we are usually required to charge on an hourly basis and not as a percentage of the estate.
Our hourly rate for ETDL services is $400/hr + HST for lawyers, and $225/hr for law clerks. These fees will apply to the preparation of our accounts, as well as any time spent by us in our capacity as the ETDL reviewing Court materials. As a general rule, we will not be a party to any on-going litigation and will not take any active role in it. If we are required to attend Court, our regular hourly rates for legal services ($575/hr) will apply. Our legal services rates will apply if we are required to prosecute a passing of accounts.
Generally, our ETDL fees are payable from the estate.
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 liabilities.
Accounting and distributions to beneficiaries: We have a firm policy of favouring substantial early interim distributions to beneficiaries, subject to holdbacks for all reasonably foreseeable future liabilities. 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.
Legal Counsel. If we must retain counsel to represent us (whether another member of our firm, or an independent counsel), their fees will be separate and apart from our ETDL fees.
Acting as the ET after having been the ETDL
Not infrequently, when our ETDL role is complete we are asked to complete administration of the estate as the Estate Trustee.
Depending on the circumstances, we will either continue to act on the same hourly fee basis, or our engagement will convert to a ‘percentage of the estate’ basis.
We welcome inquires from parties and their counsel about ETDL services.