Cra Estate Trustee Dispute

Summary

The CRA fined an estate in Ontario because a co-estate trustee did not disclose a disclaimer. Despite a lawyer sending the disclaimer to the CRA, the trustee denies disclaiming inheritance. It is advisable to request the lawyer to provide an affidavit or sworn statement about the disclaimer and consider mediation or arbitration. Consulting an estate lawyer for potential court actions is recommended. For further guidance, contact the Ontario Superior Court of Justice.

Full Conversation

CRA fined the estate in ontario for a co-estate trustee who failed to disclose his disclaimer to the other co-estate trustee. The co-estate trustees appealed fine, but the one co-estate trustee continues to claim that he never disclaimed when he did. How would CRA handle this case
Hi ****,
To provide better guidance, could you clarify if there is any documentation or evidence of the co-estate trustee's disclaimer? This will help me understand the situation more clearly.
none
Hi ****,
Here is some general information regarding your situation:
- The CRA requires full disclosure from all estate trustees.
- Without documentation, it can be challenging to prove a disclaimer.
- The CRA may investigate further, requiring testimonies or additional evidence.
You may want to consider seeking legal advice from an estate lawyer to resolve the issue.
that is not true because when the person disclaimed the lawyer automatically sent a copy to CRA, so CRA is aware that one co-estate trustee disclaimed
Hi ****,
Thank you for clarifying. Given the lawyer sent a copy to the CRA, the CRA should be aware of the disclaimer. Here are a few points to consider:
- Ensure you have a copy of the document sent to the CRA.
- Request confirmation from the CRA that they received the disclaimer.
- Gather any communication between the lawyer and the CRA as evidence.
If the issue persists, consulting an estate lawyer for further assistance is advisable.
CRA cannot disclose it
Hi ****,
Thank you for the additional information. Here's what you can consider:
- Request the lawyer to provide a copy of the disclaimer sent to the CRA.
- Ask the lawyer to follow up with the CRA for confirmation of receipt.
- Gather all related documentation and communications.
Consulting an estate lawyer might also help in resolving the issue.
For further assistance, you might want to contact the Ontario Superior Court of Justice for guidance on estate matters.

Ontario Superior Court of Justice


Phone: (*) *-*
Website: www.ontariocourts.ca
the lawyers cannot disclose the disclaimer when the co-estate trustee refused
Hi ****,
Thank you for the additional information. Here are some steps to consider:
- Ask the lawyer to follow up with the CRA and explain the situation.
- Request the co-estate trustee to provide a written acknowledgment of the disclaimer.
- Consult an estate lawyer to explore legal options for resolving the dispute.
He refuses and denies he ever disclaimed his inheritance.
Hi ****,
Thank you for the additional details. Here are some steps to consider:
- Request the lawyer to send an affidavit or sworn statement regarding the disclaimer.
- Consider mediation or arbitration to resolve the dispute with the co-estate trustee.
- Consult an estate lawyer to explore potential court actions.
For further guidance, you might want to contact the Ontario Superior Court of Justice.

Ontario Superior Court of Justice


Phone: (*) *-*
Website: www.ontariocourts.ca