The applicant sought removal of the respondent as estate trustee and a passing of accounts relating to an estate that included a disputed cottage property.
The respondent agreed to pass accounts only from the date he became succeeding trustee, arguing the estate had otherwise been fully administered earlier.
The court considered s. 55 of the Trustee Act and the principle that an executor of an executor assumes the obligations of the prior executor where administration remains incomplete.
Because the estate administration was not complete at the time of the prior executor’s death, the respondent was required to account from the date of that death.
The court ordered the respondent to pass accounts covering the period from the prior executor’s death to June 30, 2014.
