IF AN EXECUTOR FAILS TO ACT COURT CAN ORDER RECOVERY FROM A BENEFICIARY’S SHARE OF THE ESTATE

In the Ontario Superior Court decision in Drennan, the straight-talking straight-shooting Justice Fred Myers ,who appears repeatedly in these blog articles rightly punished one of the beneficiaries of an estate who had been appointed as its executor. The non-cooperative executor basically did nothing in the administration of the estate and allowed the mortgage on the deceased father’s house to fall into arrears. This cost everyone money and the negligent executor simply closed his ears, mind and eyes to the situation causing significant costs to be incurred by all concerned. One of the other beneficiaries spent over $65,000 repeatedly returning to court to have her executor brother removed. In the end, Justice Myers agreed that numerous chances have been given to the uncooperative brother to behave. Not only were legal costs of $65,000 awarded against the negligent brother, the court also ordered a recovery from his share of the estate for all the costs and expenses that the estate incurred as a result of the slipshod executor. Fair warning to an executor who fails to properly administer an estate and to have further complicated matters by ignoring orders of the court. It also serves as an illustration that one’s inheritance is at risk if you fail to perform your duties as an executor.