Passing Over an Executor

Passing over an executor utilizes essentially the same legal criteria as removing an executor except it occurs before the named executor starts to act in the representative capacity.   Re Thommasson Estate 2011 BCSC 481 removed a named  executor who was not a beneficiary but his… Read more

Prohibiting Lawyers From Acting

  Rubin Estate v Rubin Estate 2017 ONSC 1404  dealt with an application to prohibit a  lawyer from acting for her siblings and mother who were being sued by one daughter.   The lawyer in question had previously given US tax advise on a ” no… Read more

Judicial Bias

Allegations of judicial bias occasionally make the news when a litigant asserts that the proposed  Judge is so biased that a fair trial cannot be obtained, and the Judge is asked to recuse him or herself. Bias is very different from a court finding a… Read more

Probate Revoked For Improper Service

Al- Sabah Estate 2016 BCSC 1781 both have a probate revoked and removed the administrator for both failing to disclose important information to the court as well as sending the required probate notice to her close relatives at addresses that were mostly incorrect and could have… Read more

Proper Estate Expenses

Re Vince Insurance Trust 2016 BCSC 1992 reviewed the law as to what constitutes proper estate expenses such that the executor would be entitled to be reimbursed for same. It is a question of fact in each case. The application for the interim distribution was… Read more

Executor Cannot Use Estate Funds To Defend Personally

In a Wills variation claim ( now section 60, WESA) an executor cannot use estate funds to defend him or herself if a beneficiary, and may  use reasonable estate  funds to defend the claim but only in the capacity of executor and not beneficiary. In… Read more

Incorporation By Reference In Wills

Wills on occasion mention another document in existence that the will maker wants to be given effect in the terms of the incorporation by reference in wills. Re Kellogg Estate 2013 BCSC 2292 pagraphs 74-79 discusses the law relating to incorporation by reference.   [74]     The… Read more

Conflict of Interest

Lawyers must at all times avoid any conflict of interest and be vigilante against it. Whenever a trust relationship exists, the common law imposes fiduciary (trust) duties on the person in the position of trust, i.e the trustee or fiduciary. The fiduciary’s duties are the… Read more

Lawyer Conflict of Interest

In McDonald v McDonald Estate 2013 BCSC 1732, an application was made to remove the solicitor for the defendant, on the basis that the lawyer for the defendant was in a conflict of interest. The court found that the defence counsel had acted for one… Read more

Conflict of Interest-Lawyers and Clients Doing Business

Basic principles of fiduciary law as well as various rules of professional conduct ,require a lawyer doing a business transaction with a client to always adhere to several rules in order to avoid a conflict of interest. These rules are: The lawyer should not enter… Read more

Gifts and Bequests to Client’s Lawyer Are Likely Conflict of Interest

  The Law Society of British Columbia recently added a prohibition against gifts and bequests to lawyers from their clients. This in the opinion of disinherited.com was long overdue. The issue becomes one of possible conflict of interest-in fact , there is more likely a conflict… Read more

Law Firm Removed For Conflict of Interest

In court proceedings involving the issues of the deceased’s mental capacity and capacity to marry, the Ontario supreme court in Assaly v Assaly 2012 CarswellOnt 5302,  the Ontario Supreme Court removed a law firm as the solicitors on record as a lawyer who had previously worked… Read more