Description
A passing of accounts is one of the most important—and most misunderstood—procedures in fiduciary administration. Governed by statute and shaped by judicial discretion, it is the formal process by which a fiduciary seeks court approval of their accounts for a period of administration or property management.
This course provides a clear, practical, and in-depth examination of fiduciary accounting and the passing of accounts process. While fiduciaries are not strictly required to pass accounts in every case, the duty to properly maintain accounts is absolute. Beneficiaries and other interested parties may compel an accounting, subject to the court’s discretion, and the consequences of missteps can be significant.
Participants will gain a strong understanding of:
• When and why a fiduciary may choose—or be compelled—to pass accounts
• The court’s discretionary role in granting or refusing a passing
• Key considerations influencing the decision to pass, including estate complexity, litigation history, compensation claims, and governing documents
• Special considerations where beneficiaries are minors or incapable persons, including the policies of the Office of the Children’s Lawyer and the Office of the Public Guardian and Trustee
• Risk management issues such as liability exposure, releases, indemnities, and creditor claims
• Detailed steps for recording accounts.
Designed for estate trustees, trustees, attorneys, paralegals, and advisors, this course equips participants with the knowledge to navigate fiduciary accounting confidently, comply with statutory and policy expectations, and make informed strategic decisions that protect both the fiduciary and the beneficiaries.
Send any questions to info@epc-canada.org