Summary
In Ontario, co-estate trustees are required to fully disclose necessary documents for the estates administration. If a trustee refuses to disclose a disclaimer, the other trustee can seek a court order for disclosure. As a lawyer, you must maintain client confidentiality and cannot get a court order against your own client. If your client refuses to comply, you may need to withdraw from the case, following the Law Society of Ontarios rules. The other trustee can then seek court intervention to obtain the required disclaimer.Full Conversation
the other co-estate trustee
In Ontario, as a co-estate trustee, you're entitled to full disclosure. It's important for all trustees to cooperate for the estate's best interest. If one refuses, you could seek a court order forcing disclosure. You might consider seeking legal advice.
suppose I am representing such a client co-estate trustee refusing to disclose the disclaiming his inheritance.
As a representative of a co-estate trustee, you can advise your client to:
- Request the information in writing.
- If the refusal continues, consider filing a court application.
- The Ontario Superior Court of Justice can order disclosure.
- Seek legal advice for the process.
but as a lawyer taking legal action goes against solicitor-client confidentiality
As a lawyer, you have a duty to maintain client confidentiality. However, taking legal action does not necessarily breach this duty. It's crucial to:
- Only disclose information necessary for the case.
- Get client's consent where possible.
- Follow Law Society of Ontario's rules on confidentiality.
So if I go get a court order to force my client to release this disclaimer. This is okay
As a legal professional, you should advise your client about the consequences of non-disclosure and how it may impact the estate's administration. If your client still refuses, you may need to consider withdrawing from the case. Remember, your duty is to act in your client's best interest, but not at the expense of legal obligations. Seek guidance from the Law Society of Ontario if necessary.
Can I go get a court order to force my client to disclose the disclaimer disclaiming his inheritance.
As a lawyer, you cannot get a court order against your own client without breaching your duty of loyalty. You can advise your client about the potential for a court order if they refuse to disclose. If they still refuse, consider withdrawing from the case.
Then what happens after I withdraw from the case. My client will unlikely will get another lawyer and then the other co-estate trustee will not have the required disclaimer
If you withdraw from the case:
- You will need to provide a notice of withdrawal to your client and the court.
- It's the client's responsibility to find another lawyer.
- The other co-estate trustee can potentially seek court intervention to get the required disclaimer.
- Always follow the Law Society of Ontario's rules when withdrawing.
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