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Tag Archives: Compensation

Denying Compensation to a Guardian

Posted in Guardianship, Litigation
On Tuesday, I blogged on the recent Ontario Court of Appeal decision of Aragona v. Aragona, 2012 ONCA 639. There, the application judge denied the guardian compensation. In so doing, the application judge noted the guardian’s failure to keep proper accounts. The Court of Appeal stated that a guardian has, by statute, a fiduciary obligation to carry … Continue Reading

“Pre-taking” Compensation by Property Guardians: Plan Ahead

Posted in Estate & Trust, Guardianship, Power of Attorney
Trustees often run into difficulties when they pay themselves compensation prior to passing their accounts.  They are said to have "pre-taken" compensation, meaning having paid themselves compensation prior to passing their accounts.  Fortunately for guardians of property (and attorneys), section 40 of Ontario’s Substitute Decisions Act allows guardians to pay themselves compensation at intervals during the guardianship before … Continue Reading

Calculating compensation for Estate Trustee During Litigation

Posted in Estate & Trust, Executors and Trustees, Litigation
Compensation is a factor in every estates file.  The Divisional Court recently confirmed in Church v. Gerlach (2009) Court File No.: DC-07-0038-00 (Div.Ct.) that compensation for an estate trustee during litigation ("ETDL") is determined by the same principles as compensation for executors generally.   Compensation for an ETDL is not determined by applying a solicitor’s hourly rate to the time … Continue Reading

Deductions from Compensation – Hull on Estates and Succession Planning Podcast #125

Posted in Hull on Estate and Succession Planning, Passing of Accounts, PODCASTS / AUDIO
Listen to Deductions from Compensation. This week on Hull on Estates and Succession Planning, Ian and Suzana finish up the discussion on the question of accounting by reviewing deductions from compensation and briefly sum up the procedure of the passing of accounts. Comments? Send us an email at hullandhull@gmail.com, call us on the comment line … Continue Reading

The Question of Compensation and Complaints – Hull on Estate and Succession Planning Podcast #123

Posted in Capacity, Hull on Estate and Succession Planning, Passing of Accounts, PODCASTS / AUDIO
Listen to The Question of Compensation and Complaints. This week on Hull on Estates and Succession Planning, Ian and Suzana discuss the question of compensation and complaints regarding compensation. Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and … Continue Reading

Cases for Increasing and Decreasing Compensation – Hull on Estates and Succession Planning podcast #122

Posted in Hull on Estate and Succession Planning, PODCASTS / AUDIO
Listen to Cases for Increasing and Decreasing Compensation. This week on Hull on Estates and Succession Planning, Ian and Suzana discuss cases for increasing and decreasing compensation. Comments? Send us an email at hullandhull@gmail.com, call us on the comment line at 206-457-1985, or leave us a comment on the Hull on Estate and Succession Planning … Continue Reading

Compensation for Work Done by Estate Trustees and Solicitors – Hull on Estates #116

Posted in Hull on Estates, Passing of Accounts, PODCASTS / AUDIO
Listen to Compensation for work done by estate trustees and solicitors.   This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss compensation for work done by estate trustees and estate solicitors.   Case citation: Rooney Estate v. Stewart Estate 2007 WL3019262 (Ont. S.C.J.), 2007 CarswellOnt 650 Comments? Send us an email at … Continue Reading

Taxation of Executor Compensation

Posted in Executors and Trustees
It’s just about tax time, so I thought I would briefly discuss the taxation of executor compensation. The basic premise is that executor compensation is taxable in the hands of the recipient. It is either income from an office or employment (if the executor is not in the business of being an executor) or income … Continue Reading
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