Personal liability of estate trustees in dependant support claims

By Kim Gale and Priyanka Bahl (April 28, 2022, 12:04 PM EDT) -- As a fiduciary for an estate, an estate trustee must comply with various legislation including the Succession Law Reform Act (SLRA) when disbursing estate assets and managing the estate. When dealing with a person who may be a dependant of the estate, and who may bring a Dependant Support Claim, estate trustees must adhere to s. 60 of the SLRA, failing which, they could be held personally liable. This article will consider the extent of an executor’s personal liability under s. 67(3) and remedies available to dependents should an executor disperse estate assets before a claim is heard....
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