Justice delayed is Justice denied.

 When a lawyer in an estate says when he refuses to challenge a administrator who has conflicts by saying such conflicts will be decided at the passing of accounts, this to me is a perversion of justice.  Justice is delayed and full Justice will be denied.  The value of the justice will be lessened when a lawyer in an estate refuses to challenge an administrator who has conflicts of interest, stating that such conflicts will be addressed during the passing of accounts. I consider this a perversion of justice. Delaying justice only serves to erode its value. As a result, the administrator gains more than the other beneficiaries, while the lawyers profit from postponing their involvement until the passing of accounts, ensuring a quick return on their minimal investment. This situation is corrupt. Often, the beneficiaries may not even be aware that the administrator has conflicts of interest, and the estate is entitled to reimbursement for self-dealing, such as using estate resources for a trip to Las Vegas. The administrator benefits more than the other beneficiaries, and the lawyers benefit by delaying most of their work until the passing of accounts, which assures them a fast profit on their minimal investment.  It is corrupt. For the most part, the beneficiaries might not even know that the administrator has conflicts and the estate is entitled to be reimbursed for self-dealing, for example, using an estate vehicle for a trip to Las Vegas.  

Fiduciary Law in a Nutshell.

 

Fiduciary Law in a Nutshell: What Must an Executor/Trustee/Attorney Do? Not do?

• Margaret O'Sullivan
• April 14, 2021
• Blog, Estate Administration, Executors and Trustees, Fiduciaries

If you take on the role of executor, trustee, or attorney for property, it is important to understand you will be acting as a fiduciary. Each of these roles is defined by a distinct set of legal principles and rules which constitute fiduciary law. They require that you adopt a “fiduciary mindset”, and understand when your actions could be problematic and get you into trouble. So, here’s my stab in the brief length of this blog at distilling the essence of being a fiduciary, some key fiduciary obligations and some of the “do’s” and “don’ts”.

If you take on the role of executor, trustee, or attorney for property, it is important to understand you will be acting as a fiduciary. Each of these roles is defined by a distinct set of legal principles and rules which constitute fiduciary law. They require that you adopt a “fiduciary mindset”, and understand when your actions could be problematic and get you into trouble. So here’s my stab in the brief length of this blog at distilling the essence of being a fiduciary, some key fiduciary obligations and some of the “do’s” and “don’ts”.

What is a fiduciary? There are tomes of legal writing on this subject, and the law is constantly evolving, including adding new categories of who is a fiduciary. The essence of being a fiduciary is acting for the benefit of another person and putting their interests first. Fiduciary law supports this role by creating a body of rules and legal norms to ensure the fiduciary will carry out this role, which we will explore in this blog.

You will see that the focus of the role of a fiduciary is about the other person and their best interests, not about the fiduciary, who must come second.

1. A Fiduciary Must Exercise Care and Prudence

In looking after someone else’s property, you must be more careful than you would be with your own property, where you are entitled to take all the risks you want to.

An important part of being an executor, trustee, or attorney for property is to review the investments the estate or trust holds to ensure they meet an appropriate standard of care. In Ontario, our Trustee Act follows the “prudent investor rule”. A trustee is permitted to invest property in any form of property which a prudent investor might invest in and must ensure the care, skill, diligence, and judgment any prudent investor would exercise in making investments.

See our Advisory “Trustee Investments Under the Ontario Trustee Act.”

Care and prudence cover many activities, whether it be ensuring that there is adequate insurance on a home owned by an estate, making sure tax returns are completed and filed on a timely basis, to properly securing estate property so it is not lost or stolen.

2. Impartiality

A fiduciary must treat all beneficiaries impartially and with an “even hand” unless otherwise directed by the will or trust agreement. This can be a challenge, particularly when a family member is an executor or trustee. Each beneficiary must be treated equitably and you cannot “play favourites”. There must be a certain professional detachment and neutrality in carrying out the role. Ensuring all communications to beneficiaries are equivalent and at the same time so everyone is on an equal footing, or making distributions to beneficiaries of an equal financial interest at the same time are a couple of examples.

If a beneficiary or other person tries to take the upper hand, it is important for the executor or trustee to ensure everyone receives fair treatment, for example, distributing a parent’s personal and household effects among their children in an equitable way when one sibling tries to “overreach”.

3. Duty Not to Delegate

A fiduciary may not delegate his or her authority to make decisions concerning the estate or trust property to someone else unless permitted by the will or trust agreement, legislation, or court order. While simple administrative tasks can be delegated, the fiduciary still has a duty of oversight. But key decisions cannot be delegated.

You cannot appoint someone else to carry out your role on your behalf, but instead must do it personally, because the office of executor and trustee is one of trust and confidence in a particular person.

4. Duty of Loyalty and to Act in the Best Interests of the Beneficiaries

To ensure that the beneficiaries’ best interests come first, a fiduciary has a duty of loyalty to them and there is a general prohibition on “self-dealing” and profiting or gaining a financial advantage from the estate or trust. Unless permitted by the will or trust agreement, an executor or trustee cannot purchase or borrow from, or loan to the estate or trust. The office of executor or trustee cannot be used to gain personal reward.

Remember – it’s all about the beneficiaries, and fiduciaries who cross the line are heavily censored by the courts.

5. Duty to Account

A fiduciary has an obligation to account to the beneficiaries. Only if they have full information can they be in a position to protect their interests. To ensure they are able to do so, the law requires that executors and trustees maintain records and produce accounts upon reasonable notice. If you take on the role, it is key to keep good records right from the beginning.

Being a fiduciary is the opposite of “mushroom management” and keeping everyone in the dark. Many estate and trust disputes arise because of a lack of open communication and failure to provide timely information, which in turn breeds distrust and suspicion, and then it’s downhill all the way as the relationship crumbles and ultimately culminates in a dispute.

So, there you have it – a summary of some key fiduciary obligations and practical examples to illustrate how they apply.

Having a fiduciary “mindset” and understanding the underlying principles should keep you on course, should you take on the role, which at the best of times is an often demanding and challenging one.

— Margaret O’Sullivan

What is wrong (2)

 I am still concrned over the fact that conflicts of interests were not dealt with when known or as they happened.  

All total there were twenty-five professionals (senior lawyers, associate lawyers, paralegals) who knew of the conflicts and not a whisper from any of them.  At the moment there is only one lawyer (the estate lawyer) who is active and one lawyer for one of the beneficiaries who is silent.  It is a simple estate: four assets.  As soon as the professionals realized that the estate was modest, they ran.

Even my lawyer that I had did not pursue my concerns about conflicts.  He said it would be dealt with at the passing of accounts. I fired him.  According to WESA and the Trustee Act conflicts have to be dealt with when they happen.  So I do not know what these lawyers are doing or not doing.  

There must be a stealth reason that no lawyer challenged the conflict.  

__________________________________________________________________________________

A fiduciary must manage property only for the benefit of the patient; avoid conflicts of interest, keep proper accounts and be prepared to justify all expenditures.

The fiduciary standard is strict: even the appearance of self-dealing can be actionable Fales v. Canada Permanent Trust Co. (1977) 2 SCR 302. 

Where a fiduciary misapplies funds, the remedy is surcharge -- repayment into the estate of the amounts misspent.

When silence about conflicts are widespread, it becomes indistinguishable from corruption. Familes lose trust, estates lose value, and justice (what is fair and equitable) is eroded. But those that have conflicts and their lawyers benefit, are illegally enriched.  

Are Estate Lawyers bottom feeders.

 Are Estate Lawyers bottomfeeders.  

Estates delayed, Profits made.  

What is Wrong.

 I am rather perplexed.  I have never had a problem with the legal process before I become involved in an estate.  From the very beginning of the estate, there were conflicts of interest and of the seven lawyers that were involved not a whisper of conflicts, as if they were not of any importance.  Even the suggestion that a P1applicant wanting to be an administrator who had a conflict should have dismissed her from being considered in a fiduciary capacity.  How is it that a person can become an administrator when seven lawyers knew of conflicts.  It blows my mind.  If someone can explain, please let me know.  Maybe it is a modest estate and the lawyers take it upon themselves to manager their clients. I find that terribly disturbing especially when the retainer says that the lawyer can terminate the retainer at any time with no reason .In other words, the lawyers can do what they want and the clients are prisoners. There is something terrible amiss and I want to know what it is.  I see that due process and the rule of law does not seem to exist.  There is something very wrong when lawyers control the narrative.    

Criminal Fraud v. Civil Fraud (estate fraud)

Criminal fraud means, you pay back the money, and go to jail.

Civil (estate) fraud means, you pay back the money, and you do not go to jail.

Who pays for criminal prosecutor :  the State, i.e. Canada, the government

Who pays for civil prosecutor:  you do, the beneficiary

Therefore, estate fraudsters usually get away with their fraud.

The rule of law is seriously compromised.  

In the Matter of the Patients Property Act and Joelie Audra Jones.

If there is no money to pay back the money defrauded, do bankruptcy.

Affidavit of June 30 2025.

 I just do not understand if I am not happy with a purchase from Amazon, I do not have to pay, but if I am not happy with what a lawyer does, I still have to pay.