This month’s article discusses recent opinions regarding fiduciary misconduct. Estate and trust litigators have long confronted fiduciaries who run afoul of their duties and responsibilities. Indeed, while most fiduciaries achieve the punctilio of honor, loyalty and good faith in the fulfillment of their stewardship, there are those who breach their trust and find themselves at the other end of litigation and a court order as a result.
Failure to Account
In In re Brissett, the executrix, who was previously held in contempt for failing to file her account, moved, by order to show cause, to extend her time to do so. The application was opposed by the respondents, co-administrators of the estate of the decedent’s post-deceased spouse.
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