Huang v. Nie: Seeking of a Passing of Accounts in an Estate with a Minor
Huang v. Nie, 2024 https://canlii.ca/t/k476t
Huang v. Nie (“Huang”),[1] concerned the seeking of a passing of accounts in an Estate with a minor beneficiary. Weirong Huang (the “Deceased”) passed away in 2019, and was survived by his teenage son, Qian Huang (“Qian”), and widow Zhiwei Nie (“Zhiwei”). Qian was represented by The Office of the Children’s Lawyer (“OCL”) as their Litigation Guardian.
The Deceased died intestate and Zhiwei obtained a Certificate of Appointment of Estate Trustee without a Will in 2020. The assets of the Estate consisted of two bank accounts and a real property, totalling approximately $651,000.
Notwithstanding Zhiwei’s appointment as Estate Trustee, she failed to respond to several requests from the OCL for information regarding the estate administration. These requests for information included:
- a list of assets owned by the Deceased on date of death;
- a list of debts owed by the Deceased on date of death; and
- a list of all receipts and disbursements since date of death.
Accordingly, the OCL brought an application to compel Zhiwei to pass her accounts as Estate Trustee. The court examined the relevant law, including Rule 74 of Ontario’s Rules of Civil Procedure,[2] and section 50 of the Estates Act,[3] which provide that any person with a financial interest may compel an Estate Trustee to pass their accounts. The court emphasized that an Estate Trustee has a fiduciary duty to maintain proper accounts and be ready to account for the property they administer on request.
Accordingly, the court ordered Zhiwei to commence an application to pass her accounts within 45 days, and to provide her email address to the OCL and the court. It emphasized the consequences of non-compliance by Zhiwei, including contempt of court proceedings. Moreover, the court ordered that the costs of the OCL be paid personally by Zhiwei. Huang highlights the importance of a timely and transparent estate administration, especially in instances where there is a minor beneficiary involved.
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[1] Huang v. Nie, 2024 ONSC 2398.
[2] RRO 1990, Reg 194.
[3] RSO 1990, c. E.21.
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Written by: Kimberly A. Whaley, Oliver O'Brien
Posted on: May 1, 2025
Categories: Commentary
Huang v. Nie, 2024 https://canlii.ca/t/k476t
Huang v. Nie (“Huang”),[1] concerned the seeking of a passing of accounts in an Estate with a minor beneficiary. Weirong Huang (the “Deceased”) passed away in 2019, and was survived by his teenage son, Qian Huang (“Qian”), and widow Zhiwei Nie (“Zhiwei”). Qian was represented by The Office of the Children’s Lawyer (“OCL”) as their Litigation Guardian.
The Deceased died intestate and Zhiwei obtained a Certificate of Appointment of Estate Trustee without a Will in 2020. The assets of the Estate consisted of two bank accounts and a real property, totalling approximately $651,000.
Notwithstanding Zhiwei’s appointment as Estate Trustee, she failed to respond to several requests from the OCL for information regarding the estate administration. These requests for information included:
Accordingly, the OCL brought an application to compel Zhiwei to pass her accounts as Estate Trustee. The court examined the relevant law, including Rule 74 of Ontario’s Rules of Civil Procedure,[2] and section 50 of the Estates Act,[3] which provide that any person with a financial interest may compel an Estate Trustee to pass their accounts. The court emphasized that an Estate Trustee has a fiduciary duty to maintain proper accounts and be ready to account for the property they administer on request.
Accordingly, the court ordered Zhiwei to commence an application to pass her accounts within 45 days, and to provide her email address to the OCL and the court. It emphasized the consequences of non-compliance by Zhiwei, including contempt of court proceedings. Moreover, the court ordered that the costs of the OCL be paid personally by Zhiwei. Huang highlights the importance of a timely and transparent estate administration, especially in instances where there is a minor beneficiary involved.
—
[1] Huang v. Nie, 2024 ONSC 2398.
[2] RRO 1990, Reg 194.
[3] RSO 1990, c. E.21.
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