Legal Guidance for Fiduciary Duties and Accounting

You may be the executor of an estate, a trustee of a trust, an attorney for property acting under a power of attorney for property or a guardian of property for an incapable person — all of which are different types of fiduciaries.

The skilled legal team at O’Sullivan Estate Lawyers LLP can provide advice to you on legal and other issues that arise during your administration.

Helping Executors and Trustees Meet Their Fiduciary Duties

We can guide you through all aspects of carrying out your fiduciary duties, including having your accounts approved by the beneficiaries or through the formal court audit process. Our services include:

• Preparing and reviewing accounts to ensure they are in proper order, including where necessary in court audit format (including estate accounts, guardianship accounts and attorney accounts)
• Advising on legal matters relating to your fiduciary duties, including matters arising in your administration as well as the preparation of accounts, the passing of accounts process, as well as the claiming of compensation for acting as an executor, trustee, attorney or guardian and seeking approval by the beneficiaries, as well as releases and indemnities to protect you
• Handling all court-related and legal matters, including preparing and filing the required court documents and appearing in court if necessary.

Ensuring the Proper Passing of Accounts

At some point in carrying out your fiduciary duties, it will usually be necessary for you to have your financial accounts (related to handling the estate, trust or guardianship assets) formally approved by the estate or trust beneficiaries, or in certain cases by a court.

For example, periodic passings of accounts may be required by the document appointing you as the fiduciary (e.g., in a will, trust deed, power of attorney for property or guardianship order), or in the context of other court proceedings. In certain circumstances, you may decide it is preferable or necessary to voluntarily pass your accounts in court.

If you have been appointed a fiduciary under a will, trust deed, power of attorney for property or guardianship order, we can provide the detailed assistance and capable representation you need to carry out your duties.

Legal Advice If Problems Arise

We also have expertise in assisting and representing beneficiaries and other interested parties in reviewing fiduciary decision-making and fiduciary accounts, including advising on issues, working with our clients and other parties to resolve concerns and providing representation in court on a formal passing of accounts.

Consult With Our Estate and Trust Lawyers

For more information on how we can help you carry out your fiduciary and accounting duties, please call our law office today.