A Fiduciaries Duty Of Trust and Loyalty

Fiduciaries duty is a persons in a position of trust, ranging from doctors, lawyers, accountants, to financial advisors and many others in between. “Wilson J. offered some guidance on the subject of fiduciary relationships in the leading case of Frame v. Smith, [1987] 2 S.C.R. 99… Read more

Estate Funds Not to Be Used To Defend Wills Variation Claim ( S. 60 WESA)

Defendants may not use estate funds to defend their personal interests in wills variation cases ( now section 60 WESA) As plaintiff’s counsel, Steernberg v. Steernberg Estate (2007), 33 E.T.R. (3d) 78, 74 B.C.L.R. (4th) 126, 40 R.F.L. (6th) 106, 2007 BCSC 953, 2007 CarswellBC… Read more

Administrator Appointed Pending Litigation

Independent Administrator Appointed For  Estate Assets Pending Litigation, aka administrator pendent lite. A common feature of many estate  disputes  is the acrimonious nature between the various claimants to the assets of the deceased. In fact, certain cases become renowned within the profession and the courts… Read more

Executors of Deceased Substituted For Deceased

Executors of Deceased Substituted For the Deceased In Court Action Dicken Mechanical Ltd v Nohels Group Inc 2012 BCSC 917 is a good example of the process that the Rules of Court have established to deal with the situation where  one a party dies and how his… Read more

Court Refuses to Order Sale of Property 11 years after Death, Where Executor Has Power to Postpone Sale and Is Acting Bona Fide

Acting Bona Fide Hriczu v Bailey re Estate of Mackey 2011 BCSC 454 the issue before the court was whether a beneficiary could force the executor to sell a parcel of property and distribute the proceeds amongst the beneficiaries, where the executor had been holding… Read more

executors compensation

How Much Should Executors Get Paid?

  How Much Should Executors Get Paid? Unless the will provides otherwise, all executors whether lay or professional, whether experienced or not, are entitled to be paid remuneration in accordance with the provisions of Section 88 of the Trustee Act, R.S.B.C. This section allows the… Read more

Executor Removed For Borrowing Against Estate Asset

Executor Removed For Borrowing against an estate asset that went into foreclosure. Stevens v Whittacker 2012 BCSC 1188 involves an application for the removal of the defendant executor and trustee of the parties mother’s last will and testament. The executor had heavily mortgaged the estate… Read more

The Executors Year

In the ordinary course, estate trustees are permitted a period of one year from the date of the death (sometimes described as the executors year) to gather in and realize estate assets, absent special circumstances that might indicate an abridgement of this one year period…. Read more

Passing of Accounts Hearing Reveals Executor’s Theft

  Passing of Accounts Occur When the Executor Applies To Court to Approve the Estate Accounts- Guardian ordered to repay missing funds. It presents a very familiar fact pattern to many estate litigants. The Court followed  Zimmerman v. McMichael Estate (2010), 103 O.R. (3d) 25 (Ont…. Read more

The Digital Executor?

Digital executors are actually increasingly vital as ones “personal history on social media” is immortalized and sought after  death. Trevor Todd was contacted by a local television station for the purpose of having an interview about the sudden “issue of the day “that was” Do… Read more

Administrator Removed For Misconduct -With Special Costs

  Sahota v Sandhu 2012 BCSC 552 is an example of a very straight forward court application to remove and replace a court appointed estate administrator who flagrantly acted in breach of his duties. His actions were clearly so egregious that there was little surprise… Read more

Executor Must Remain Neutral In Estate Litigation

Estate Litigation Ketcham v Walton 2012 BCSC 175 involved an application by the executor for directions pursuant to section 86 of the Trustee act for an order authorizing the executor to follow the provisions of the deceased’s  last will to defend any wills variation action… Read more

How To Value Life Estates Land

Life Estates Land Life estates, also known as life interests, are a well-established part of estate planning. The owner of a life estate (“the life tenant”) has the right to occupy, use and deal with real and/or personal property for his or her lifetime. When… Read more

executor fees reduced

Executors Fee Slashed By Court For Mis-Management of Estate

Executors Fee Slashed By Court Re Stolarchuk Estate 2011 BCSC 1681 discusses the various principles involved in the calculation of an appropriate remuneration for an executor who mismanaged the estate assets. The deceased died in October 2004 leaving his estate consisting primarily of her house… Read more

Co-Executor Trustee Removed For Lack of Co Operation With Other Executor/Trustee

Levi- Bandel v Talesiesin Estate 2011 CarswellBC 384 is a good example of what disinherited.com perceives as an increased willingness by the courts to remove obstructive and uncooperative executors and trustees in the interests of the beneficiaries. The deceased estate was managed by 2 co-executrixes… Read more