Trusts disputes can involve interpretation issues, disputes amongst co-trustees, or disharmony as between the trustees and the beneficiaries of the trust.

The planning stages of trust documents are important and so too, is the necessity of a reasoned and careful choice of trustees, both under inter vivos trusts and testamentary trusts.

Proceedings in this practice area often involve the removal, replacement, and appointment of trustees.

Court applications, applications for interpretation and removal replacement and appointment of trustees are brought pursuant to the terms of the Trustee Act, R.S.O. 1990 c T. 37, and the Rules of Civil Procedure. The Trustee Act addresses the retirement of trustees, the appointment of new trustees, the removal and replacement of trustees, guidance on the vesting of trusts property, guidance on the duties and powers of trustees and the exercise of trustee discretion.

There are often disputes amongst co-trustees and perhaps the interchange with beneficiaries of the trust as to a determination of rights to trusts information.

Court applications in this regard are often necessary and advisable both to resolve disputes and to protect against liability.

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