Trustee Removed For Selling Assets Below Market Value and Benefiting

Trustee Removed For Selling Assets Below Market Value and Benefiting VanKoughnett & Others v. Austin, 2006 BCSC 1856 is authority for the proposition that a trustee removed under section 30 of the Trustee Act where there is potential conflict of interest between the personal interests of… Read more

The Executors Obligation To Maintain Estate Assets

Executors obligation cannot just idly stand by and allow estate assets to deteriorate or waste- the executor and trustee has a duty of care to mange and preserve the estate assets. The legal test is as follows: The traditional standard of care of an executor/trustee is… Read more

Advising The Personal Representative

1. INTRODUCTION It is perhaps trite to state that the role of the drafting notary or solicitor is simply not to fill in the blanks and record the testator’s instructions, including his or her choice of executor, but instead to actively advise and draw to… Read more

Removing and Replacing Executors and Trustees

Removing and replacing an executor/ trustee is one of the most common enquiries that I receive. The matter is both intriguing and somewhat complex, largely due to historical developments concerning the legal differences between the role of an executor and a trustee. 2. VOLUNTARY REMOVAL… Read more

Removal of an Executor – Trustee

  Dunsdon v Dunsdon 2012 BCSC 1274 has an excellent and brief summary of the law relating to the removal of an executor-trustee, pre WESA as of April 1, 2014 : [202] Put broadly, a trustee may be removed where his or her acts or… Read more

Passing of Executor’s Accounts

The following article is that of Master Young on the passing of executor’s accounts, as presented to the Wills and Trusts Subsection in April 2012. Master Young ,described the registry procedure for probate grants. The initial vetting of probate applications goes to senior registry staff to… Read more

Criteria For Removal of a Trustee

Criteria For Removal of a Trustee: Grafton v Canada Trust 2012 ONSC 6955 is an interesting case on when a court will or will not remove a trustee. In this case a 92 year old life tenant in a house of disrepair wanted to borrow… Read more

Duties of a Trustee

Duties of a Trustee Zimmerman v. McMichael Estate 2010 ONSC 2947, 57 E.T.R. (3d) 101,103 O.R. (3d) 25 is an excellent review of the strict duties that govern the conduct of a trustee. Deceased were husband and wife and founders of extensive Canadian art collection… Read more

The Authority of the Executor

Romans Estate v. Tassone 2009 BCSC 194 is a very good case authority of the executor that reviews the legal authority of an executor appointed under a valid will. The matter related to the estate of an elderly man who was stricken late in life… Read more

Trustees Must Not Co-Mingle or Misuse Estate Funds For Their Own Purpose

Trustees must not co mingle or misuse estate funds or assets  for their own purposes. It is trite law that trustees are fiduciaries and must not personally use, profit from, or co-mingle estate funds with their own. If a trustee has mixed his/her own funds… Read more

How Much Should An Executor Be Paid

How Much Should An Executor Be Paid? Hooke Estate v. Johnson 86 E.T.R. (3d) 92   The deceased appointed her solicitor as trustee of her estate. The Trustee handled her estate in accordance with deceased’s wishes and claimed executor’s compensation in amount of $21,900.93 for… Read more

Court Declines to Remove Trustee

Applications to remove executors/trustees are common, and are not always successful with the court declining the application. Miles v Vince 2013 BCSC 888 Removal of a Trustee The petitioners husband settled the trust in 2007 and named the petitioner and her three children as the… Read more

Court Declines to Remove Trustee – Orders Construction of Trust

Court Declines to Remove Trustee Winkler v Winkler 2012 BCSC 1949 involves an application by the surviving widow of the deceased, in her capacity as comity of the person and estate of the deceased, sought an order that her stepson be removed as a trustee… Read more

Punitive Damages Awarded For Trustee’s Egregious Conduct

A trustee’s Egregious Conduct lead to an award of punitive damages of $100,000 against the trustee personally. Walling v Walling 2012 ONSC 6580 involves a decision where the Ontario Supreme Court awarded $100,000 punitive damages against the trustee of an estate for extremely egregious conduct… Read more

Executor Must Renounce In Order to Contest the Estate

Executor Must Renounce to contest the will It is fairly common in estate disputes that the executor of the will is also dissatisfied with the same will that the executor is by office bound to carry out and enforce. Since in estate claims it is… Read more