February 4th | 2012
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
January 21st | 2012
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
January 12th | 2012
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
November 8th | 2011
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
October 30th | 2011
Compensation For Executors and Trustees in BC Many issues in estate litigation arise that pertain to the appropriate amount of compensation for executors and trustees. The first place to start for the answer is the Trustee Act of British Columbia. If the will or trust… Read more
July 6th | 2011
Executors and trustees can be personally liable to beneficiaries for improper or unauthorized payments from estate assets. The Brown v Brown 2011 BCSC 649 is a good example of that principle of law.
April 12th | 2011
Mr. Justice Butler in Levi-Bandel v. Talesiesin Estate 2011 BCSC 247 ordered the removal one of two co-executor/trustees, where a deadlock had existed between them. The administration of the estate had ground to a standstill for the previous two years.