Co Trustee Inheritance Disclosure Issue

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Summary

A co-estate trustee in Ontario has not disclosed their disclaimer of inheritance, potentially affecting court decisions. Trustees must act with honesty and transparency. Discuss the issue with your lawyer to ensure all relevant information is presented in court.

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In ontario, a co-estate trustee has refused to disclose to the other co-estate trustee that he disclaimed his inheritance. Eight months after disclaiming, he files a case conference brief with the court. This brief has no indications that he disclaimed his inheritance. THe judge will have to make decision, but without the disclaimer and knowing that one of the co-estate trustees, his decisions could be inappropriate for the estate and its only beneficiary. For example, the judge cannot rule that the only beneficiary of the estate must pay rent to the estate
It appears there's a lack of transparency in your co-trustee's actions. In Ontario:
- Trustees have a duty of honesty, integrity, and transparency.
- A disclaimer should be communicated to all interested parties.
Have you considered legal counsel to address this matter before the court?
I have legal counsel
That's great to hear! Your legal counsel will be best suited to guide you through this complex situation. It's crucial to ensure all relevant information is presented to the court to avoid any inappropriate decisions. Keep communication open with your counsel for the best outcome.
But why would the lawer for the co-estate trustee who disclaimed his inheritance allow a case conference brief to be filed in court.
The co-estate trustee's lawyer may have different reasons for allowing the filing. It could be due to:
- A strategy they are implementing.
- Miscommunication or lack of information.
It's crucial to discuss this with your lawyer to understand the implications better and decide on the best course of action.
As far as I can understand, the lawyer is just following the instructions of his client. But how can the lawyer allow this case conference brief be filed without including the fact that his client disclaimed his inheritaance.
The lawyer may have a strategic reason, or possibly an oversight occurred. In Ontario, lawyers must act in their client's best interest, but also maintain professional ethics. It's essential to bring this up with your lawyer to address it appropriately in court.
His client is stubborn refusing to disclose the disclaimer disclaiming his inheritance.
It seems like a complex situation. In Ontario, a trustee's duties include honesty and transparency. It's crucial that the disclaimer is disclosed for accurate court decisions. Discuss this with your lawyer to help resolve the issue in court.
It is possible that the lawyer will disclose the disclaimer during the case conference.
That's possible. In Ontario, lawyers should uphold their professional responsibility and act in the best interest of their client. Discuss this possibility with your lawyer to prepare for any outcomes.