Estate Trustee During Litigation⁄Section 3 SDA Counsel
Under the Ontario Estates Act, the court has the power to appoint an “estate trustee during litigation” (“ETDL”). It is not unusual for the court to appoint an ETDL during a Will Challenge or where litigation pursuant to the Rules of Civil Proceedure that may affect the ultimate distribution of the estate. An ETDL has all the rights and powers of an estate trustee or executor other than the right to distribute the proceeds of the estate. An ETDL is subject to the immediate control and direction of the court and is entitled to such reasonable compensation as the court deems proper. While it is not uncommon to see a trust company act as ETDL, individuals can also be appointed by the court (for example, an accountant or a lawyer). Justin de Vries routinely advises ETDLs, including trust companies. He has acted as an ETDL, as well as Section 3 counsel under the Substitute Decisions Act, as well as a Litigation Administrator. We can help.