Fiduciary Accounting: Passing of Accounts – Practical, Strategic, and Essential

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:

1. When and why a fiduciary may choose—or be compelled—to pass accounts

2. The court’s discretionary role in granting or refusing a passing

3. Key considerations influencing the decision to pass, including estate complexity, litigation history, compensation claims, and governing documents

4. 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

5. Risk management issues such as liability exposure, releases, indemnities, and creditor claims

6. 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.

Course Module Outline for Fiduciary Accounting & Passing of Accounts

Total Time 5.0 hours – Estate Planning Council of Canada & WEL Partners

See Bios after outline:

1.    Introduction – Practically Speaking – how accounting and court format passing of accounts arise, and then what is the approach. Presenter: Kimberly Whaley

2.     Estate Trustee, Attorney, Guardian, Accounting obligations, and Duties, Authority pursuant to provincial and territorial legislation and under common law. Duty to account, a positive obligation. Presenter: Oliver O’Brien

3.    Practice & Processes across Ontario and Beyond. How to compel an accounting. Formal accountings v. informal accountings. Applicable Court rules governing accounting applications, anddirections and how they are commenced, limitation periods requirements for responding and the procedure on an order on a direction’s hearing. Presenter: Bryan Gilmartin

4.    How to prepare and to scrutinize Court Accountings. Capital Receipts and disbursements, revenue receipts and disbursements, tips, traps and practical tools. Advanced Transactions and Investigations. Presenter:  Tracey Phinnemore

5.    Detailed Court Accounting.  Sample of complex account showing individual transactions and formatting. Presenter: Tracey Phinnemore

5.1 – Indepth review of accounts

6.    Compensation, Entitlement, To Take or Not to Take. Care and Management Fees, Legal Costs, Authority and Practice. Presenter Albert Ooosterhoff

7.    Practice Tips and Traps including Case Law Guidance. Presenter: Joanna Weiss

8.    Practitioner’s Guidance. Who to Serve. Public Guardian & Trustee and Ontario.  Children’s Lawyer Considerations and governance. Presenter: Grace Cheng

9.    Across Canada. Differences and Similarities. Presenter: Emily Caza

Each session recorded with powerpoint and also reference Fiduciary Accounting book on website.

BIOS

Kimbery Whaley, Founding Partner

Kimberly is the Founding Partner at WEL PARTNERS. She practices in the areas of Estate, Trusts, Fiduciary Litigation including Power of Attorney Disputes, Guardianship, Claims for Support, and Elder Law. Kimberly also mediates estate, trust and related matters.

Kimberly is designated as a Certified Specialist in Estates and Trusts Law by the Law Society of Upper Canada and is recognized as a leading practitioner by Chambers, Lexpert, Lawday, Best Lawyers, Martindale-Hubbell and Canadian Lawyer. Kimberly has held various board and executive positions with the OBA and CBA and is Past Chair of the CBA Elder Law Section and Chair of the OBA Elder Law Section. Kimberly is a frequent lecturer and has been an Adjunct Professor at the University of Toronto, Queens University and Western University. 

Bryan Gilmartin, Partner

Bryan Gilmartin is a Partner at WEL Partners where he practices exclusively in the areas of estate, trust, power or attorney, capacity, and guardianship litigation. Bryan joined WEL Partners as a Summer Student in 2018 working throughout his law school years. Upon his graduation, he returned as an Articling student and then as an Associate following his call to the Ontario Bar in 2020. Bryan has worked on matters at all levels of court, including the Ontario Court of Appeal and the Supreme Court of Canada. 

Emily Caza, Lawyer

Emily is a Lawyer at WEL Partners. Emily completed her Juris Doctor at Queen’s University and was called to the Ontario Bar in 2025. Prior to joining Wel Partners, Emily completed her articles at the Office of the Public Guardian and Trustee, where she developed a keen interest in guardianship and capacity law and gained experience in estate and trust litigation. 

Oliver O’Brien, Lawyer

Oliver is a Lawyer at WEL Partners. He holds a Masters in Law from University College London, a Qualifying Law Degree from the University of Kent (United Kingdom) and has completed his Legal Practice Course from the University of Law, London. Oliver was called to the Ontario bar in 2025 having joined WEL Partners in October of 2022 as a Student. Oliver has a particular interest in wills and estates, as well as the relationship between law and medical ethics, including end-of-life decisions, capacity and consent. Legal areas that play an important role in family life. 

Weiss, Lawyer

Joanna joined WEL Partners in March 2024 as a lawyer. Prior to joining WEL Partners, Joanna was a lawyer at boutique law firms that specialize in mental health litigation, estate, trust and capacity litigation, and professional negligence. Joanna was called to the Ontario Bar in 2013. 

Albert Oosterhoff, Firm Counsel

Albert Oosterhoff, Professor Emeritus, Faculty of Law at the Western University, Firm Counsel, has taught at: the University of Windsor and Western University in the areas of Wills, Trusts, and Property Law. He taught Trusts for a number of years as an Adjunct Professor at the University of Toronto. He also held positions as Associate and Acting Dean at Western. Professor Oosterhoff has been in private practice and has written numerous articles, comments and books in the areas of Wills, Estates, Trusts, and Property Law. 

Grace Cheng – Council at the Rights Division office of the Children’s Lawyer

Tracey Phinnemore, Law Clerk

Tracey joined WEL Partners in September 2018 as a Law Clerk bringing over 25 years experience as a law clerk specializing in estates, trusts and tax.