What are the considerations to be taken into account on an application to remove an estate trustee?

Ontario, Canada


The following excerpt is from Bergmann v. Amis, 2009 CanLII 66389 (ON SC):

In Radford v. Radford Estate, supra, J.W. Quinn J. thoroughly reviewed the considerations to be taken into account on an application to remove an estate trustee. The considerations noted by Quinn J. can be summarized as follows: (1) the court should not lightly interfere with the discretion exercised by a person in choosing the person or persons to act as his executors and trustees; (2) interfering with the discretion and choice of a person in preparing his last will and testament must not be not only well justified, but must amount to a case of clear necessity; (3) removal of an estate trustee should only occur on the clearest of evidence that there is no other course to follow; (4) in deciding whether to remove an estate trustee, the court’s main guide should be the welfare of the beneficiaries; (5) it must be shown that the non-removal of the trustee will likely prevent the proper execution of the trust; (6) the removal of an estate trustee is not intended to punish for past misconduct; rather, it is justified on the basis that past misconduct is likely to continue and that the estate assets and the interests of the beneficiaries must be protected. (see paras. 100-107)

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