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

Debt to Estate Survives Bankruptcy Due to Breach of Fiduciary Duty

Debt to Estate Survives Due to Breach of Fiduciary Duty Kingston Estate v. Charrette(2011), 2011 ONSC 7126, 2011 CarswellOnt 14834(Ont. S.C.J.) was in favour of the Estate Trustee/Plaintiff and held that the Defendants, the Charrettes, had not been given a gift of $25,000 by the… 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

Words “Born After” Interpreted

“Born After” Interpreted in Two Express Trusts Turk v Turk 2011 ONSC 6497 dealt with the various rules of construction and interpretation of the words“born after the date of the settlement” that were used in to family trust settled by a grandmother in 1992 and… Read more

Ad Hoc “Casual” Fiduciary Relationships

Sedin Estate v Rusin 2011 BCSC 1207 is an excellent example of financial abuse of an elderly person by a trusted financial advisor who was found to be in a casual and ” ad hoc “fiduciary relationships with the deceased. The deceased and her husband became… Read more

Tracing and Accounting For Assets

Tracing & Accounting For Assets It is very common in estate litigation that the form of an asset may change substantially over a period of time. For example a bank account of cash can be converted into a stock portfolio, which in turn can be used… 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

Lost Wills and the Presumption of Revocation

Lost Wills and the Presumption of Revocation An update to this article is that since the introduction of WESA on April 1, 2014, I anticipate that the courts will be more willing to allow copies of wills as proof of the testator’s intention to more… Read more