Executor Remuneration and Passing of Accounts

Executor Remuneration and Passing of Accounts

Re Beerenbrouk 2017 BCSC 1785 is a good summary of the law relating to executor remuneration and the passing of executor accounts. A farm property worth $2 million was administered for 8 years and was complex and the beneficiary difficult. The court awarded Capital Fee… Read more

Removal of an Executor Summarized

Removal of an Executor Summarized

I am frequently asked about the removal of an Executor that beneficiaries complain about and the following briefly summarizes when and if the court will act to remove and replace an executor. Lord Blackburn stated in Letterstedt v. Broers (1884), [1881-85] All E.R. Rep. 882… Read more

Executors: Specific Bequests and Fees

Executors: Specific Bequests and Fees

Janke, Re 1985 CarswellBC 2298 dealt with the presumption that when an executor is left a specific bequest it is in lieu of fees. This presumption applies only where the bequest is made to the executor in his capacity as executor and yields to very… Read more

Use of Multiple Wills Approved

Use of Multiple Wills Approved

In re: Berkner Estate 2017 BCSC 619 the Court approved the use  of Multiple Wills in estate planning.  The applicant submits that a person is entitled to have more than one valid will. As an example, multiple wills may be used when a will maker… Read more

Adding Defendants

Adding Defendants

Stewart v. Stewart  2016 BCSC 1576 was a contested application for adding defendants to a court action commenced by one of four children to wind up a trust. The application to add the remaining three children as defendants was opposed on the basis that the… Read more

S 151 WESA - Court Allows Applicant to Sue as Executor

S 151 WESA – Court Allows Applicant to Sue as Executor

Werner v. McLean 2016 BCSC 1510 granted relief under S 151 WESA that the applicant be authorized to bring court action in the name of and sue on behalf of the personal representative of the estate as executor. The court approval was in order to litigate… Read more

Deceased Assets Vest In Executor

Deceased Assets Vest In Executor

A deceased person’s assets vest in his or her executor or administrator after death. If an executor is removed or renounces the new executor/trustee then holds the assets in trust as they now vest with the new executor/trustee. Browne v Browne Estate 2015 BCSC 28,… Read more

Duties of Executor

The Duties of an Executor Under a Will

Duties of  Executor is an example of one of the many excellent publications that the Canadian bar Dial- A Lawyer library has for free public access. I have reprinted this article from the said library as it is an excellent summary of the daunting task faced… Read more

Executor/Trustees Fees

Executor/Trustees Fees

Zadra v Cortese 2016 BCSC 390 dealt with a passing of executor’s accounts before a registrar to determine the amount of executor/trustees fees for handling a complex estate for ten years but delegating most of the work to professionals. The value of the estate increased… Read more

executor repay

Executor Ordered to Repay Monies

  Executor Ordered to Repay Monies Back to Estate Paid Out Before Expiration of 6 Month Limitation Stevens v. Wood Estate (Re), 2013 BCSC 2380 Until six months have passed from the issuance of probate of a will, s. 12 of the Wills Variation Act,… Read more

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

Fiduciary Relationships- Leading Case

  It is important on occasion to revisit some of the  British Privy Council case authority chestnuts that have developed as pillars of certain areas of the law. One such case would be the Privy Council case of Noriah v Omar 1929 AC 127  relating… Read more

Neighbour Found to Be a Fiduciary re Finacial Advise/Abuse

  Neighbour Found to Be a Fiduciary Janz v. McIntosh [1999] S.J. No. 121 is an excellent example of a court finding a breach of fiduciary duty where the alleged fiduciary was not a professional . In fact he was simply a neighbor. The Plaintiff… 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