Court Removes Trustee and In Rare Case No Replacement Trustee Appointed

Court Removes Trustee Evans v Gonder 2010 CarswellOnt 1240 Ont C.A is unusual in that the court removed a trustee without appointing a replacement, and found that it had the authority to do so. The case involved a conflict of interest in the trustee necessitating… Read more

Trustee Discretionary Spending Limited By Court

Trustee Discretionary Spending and the Courts Oversight The decision of Steven Thompson Family Trust v. Thompson 2012 ONSC 7138, (Ont. S.C.J.) dealt with a contested passing of accounts for the Steven Thompson Family Trust . The beneficiaries contested the passing and opposed 23 disbursements that… Read more

What Are the Duties of an Executor or Administrator of an Estate?

Duties of an Executor or Administrator of an Estate A personal representative, whether an executor by a will, or an administrator appointed by the court,  has a duty to act solely and exclusively for the benefit of the beneficiaries.  This duty is construed strictly, and… Read more

What is a Fiduciary?

What is a Fiduciary? The term “fiduciary” is not well understood by the average citizen. It was probably best stated  in the simple terms of the following: ” If one person undertakes to act in relation to a particular matter in the interests of another, and… Read more

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