Ian Mulgrew: As if Death Weren't Bad Enough — Fraudulent Wills

Ian Mulgrew: As if Death Weren’t Bad Enough — Fraudulent Wills

Originally published in The Vancouver Sun May 4, 2017 Written by Ian Mulgrew The B.C. inheritance-and-estate law brought in two years ago has increased the risk of forged and fraudulent wills, says a lawyer involved in the debate about its creation. Trevor Todd, who runs disinherited.com,… Read more



Sato v Sato 2017 BCSC 1394 discusses in detail the legal issue of domicile. The issue was whether the deceased was domiciled in British Columbia at the time of his marriage to the plaintiff. If so his  2011 Will was revoked by operation of law…. Read more

Removal of an Executor Summarized

Removal of an Executor Summarized

I am frequently asked about the removal of an Executor that beneficiaries complain about and the following briefly summarizes when and if the court will act to remove and replace an executor. Lord Blackburn stated in Letterstedt v. Broers (1884), [1881-85] All E.R. Rep. 882… Read more

Executors: Specific Bequests and Fees

Executors: Specific Bequests and Fees

Janke, Re 1985 CarswellBC 2298 dealt with the presumption that when an executor is left a specific bequest it is in lieu of fees. This presumption applies only where the bequest is made to the executor in his capacity as executor and yields to very… Read more

Executors Personally Liable For Failing to Invest

Executors Personally Liable For Failing to Invest

Re Proniuk 1984 CarswellAlta 285 held the executor personally liable for interest lost to the estate for failing to invest the estate assets for 11 months and for interest lost on their pre taking of executor fees. In the administration of an estate, executors had… Read more

Appeals From Master's Orders

Appeals From Master’s Orders

In Abermin Corp. v. Granges Exploration Ltd. (1990), 45 B.C.L.R. (2d) 188, 42 C.P.C. (2d) 25 (S.C.), Mr. Justice MacDonald succinctly set out the scope of review on an appeal from a Master’s order. He said at p. 31 [C.P.C.]: An appeal from a Master’s… Read more

Damages in Equity for Breach of Trust

Damages For Breach of Trust

Huff v Price 1990 (BCCA) 51 BCLR 282 held that the amount of damages in equity  in an action for breach of trust will be equal to the highest price at which the property of which that person was deprived could have been sold in… Read more

Executor Found Liable For Lost Rents

Executor Liable For Lost Rents

Executors sometimes let friends or relatives live in estate property and not collect fair rent. The executor can be personally liable for lost rent. Where an executor permits tenants to live rent-free in estate property and the court is satisfied that the property was capable… Read more

Breach of Trust: "Knowingly Participating"

Breach of Trust: “Knowingly Participating”

In Scoretz v Kensam Enterprises Ltd 2017 BCSC 1356 a director of a corporate bare trust was found liable for damages for “knowingly participating” in the breach of trust by failing to deliver shares held in trust . The court found that it is clear… Read more

The Liability and Duties of a Trustee of Bare Trust

Bare Trusts

Scoretz v Kensam Enterprises Inc 2017 BCSC 1356 was an action for breach of trust brought by the beneficiary of a bare trust  and discusses the liability and duties of a trustee of a bare trust. The Court found that the trustee was liable in… Read more

The Test For An Injunction

The Test for an Injunction

Grieg v Kritikopoulou 2017 ONSC 4594 sets out the Supreme Court of Canada test for the granting of an interlocutory  injunction to restrain certain activity 11 The moving party must meet the following three-part test to success on a motion seeking an interlocutory injunction: a)… Read more

Litigation Guardian: Lawyers Can Assess Mental Capacity

Litigation Guardian: Lawyers Can Assess Mental Capacity

In Gengenbacher v. Smith, 2016 BCSC 1164, the court examined what is the test that a solicitor must satisfy to determine if the solicitor can represent an individual seeking to be a litigation guardian of an adult under a legal disability and determined that the… Read more

Offers to Settle and Double Cost Awards

Offers to Settle and Double Costs

Connor Estate 2017 BCSC 1341 dealt with the issue of whether the plaintiff should be  awarded double costs after the filing of an offer to settle that the plaintiff beat at the trial. The issue was whether the plaintiff Chambers was a spouse of the… Read more

Claiming Damages for Mental Suffering

Mental Suffering

Even in estate disputes client’s often wish to claim damages for mental suffering caused by other parties. The law relating to such was discussed in the Ontario case of Guschewski v Gushewski 2017 ONSC 4553 In Prinzo v. Baycrest Centre for Geriatric Care, (2002), 60… Read more

9 Legal Principles of Trustee Removal

Trustee Removal

Two Ontario cases summarize the law relating to the removal of a trustee appointed by a will and would likely be followed as the law in British Columbia. In Chambers Estate v. Chambers 2013 ONCA 511, the court found that a testator’s wishes as to who… Read more