Executor Duties, Beneficiary Rights, and Your Role

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Event date: 
Thursday, May 23, 2019 - 13:00
Name of Organization: 
Seminar Partners
Location: 
Toronto, Ontario

The relationship between you and your client, who is acting as executor, can be complicated - especially when disputes arise between the executor and beneficiaries. While the question as to whom you owe a duty when representing an executor - who, in turn, owes duties to the beneficiaries - may be answered in law, successfully navigating that relationship in practice requires a little expert guidance. This new, 90 minute program with experienced estates lawyer Lynne Butler will explore common questions about the responsibilities and powers of executors, and the rights of beneficiaries, with a focus on how counsel for the executor can avoid controversy! Among the subjects Lynne will address are:

  • Who can see the will?
  • How does a lawyer work with co-executors who can't get along?
  • How can an executor defend against an accusation of breach of trust?
  • Is an application to remove an executor reasonable?
  • What is the limitation period on a claim for breach of trust?
  • What happens if an executor overpays a beneficiary?
  • Is there a right to an interim distribution?
  • Can executors demand releases from beneficiaries before paying them their inheritance?

In addition, Lynne will offer suggestions for: working with a trust company executor; dealing with “rogue” executors; and, resolving disputes about executor’s fees. Don’t miss this unique opportunity to get answers to everyday questions about the divergent interests of executors and beneficiaries, and your role as lawyer! You’ll leave with a better understanding of how to successfully explain and approach real-life situations, without “crossing the line” or driving up costs.

Live webinar with chat includes 60 day replay. This program features real-time audio of the presenter with synchronized presentation slides, and a chat feature that allows for live Q & A.