Executor Can Be Liable For Unaccounted Expenses

Executor Can Be Liable For Unaccounted Expenses

Jackson v King 2003 BCSC 328 is a good decision on a passing of accounts and held inter alia that an executor is entitled to be indemnified expect for unaccounted or excessive expenses for which the executor can be held personally liable. The Court held:… 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

Court Termination of Representation Agreements

Court Termination of Representation Agreements

Baker-McGrotty v Baker 2016 BCSC 699 discuss when the court will exercise its discretion to NOT terminate representation agreements after the appointment of a committee under the Patients Property Act. 26 Section 19 of the Patients Property act provides as follows: 19 On a person… Read more

Promissory Estoppel Revisited

Proprietary Estoppel

NOTE:   This Court of Appeal Decision was over turned by the Supreme Court of Canada 2017 SCC 61 and the claim was allowed   See blog entry dated  February 2,2018   The BC Appeal Court in Cowper-Smith v Morgan 2016 BCCA 200 allowed an… Read more

Joint Account Holders Are Fiduciaries

Joint Account Holders Are Fiduciaries

MacKay v. MacKay Estate,2015 ONSC 7429, held that one joint account holder may serve as a fiduciary in relation to the other simply via the traditional indicia of such a relationship as set out in Frame v. Smith, [1987] 2 SCR 99 (i.e., the ability… Read more

WESA: Forcing the Executor to Act & Rule 25-11

WESA: Forcing the Executor to Act & Rule 25-11

Forcing Executor to Act. Rule 25-11 of WESA permits ‘a person interested in the estate’ to use a Citation to compel the named executor to apply for probate or be deemed to have renounced. This is an important tool in the arsenal of estate litigators… Read more

Signing a Trustee Release

Signing a Trustee Release

Anyone practicing law in wills and estates, or who has inherited monies, will be familiar with being required to sign a Trustee Release before the funds are disbursed to the beneficiaries. In BC, it is simply the way business is conducted, and it saves a… Read more

Liability of Trustees

Liability of Trustees

Daum v Clapci  2016 BCCA 176 recently discussed the liability of a trustee for failing to properly insure a hotel that burned  stating inter alia. The test for liability is essentially one of honesty and reasonable man prudence in administering the estate affairs as if… Read more

Company Director is a Fiduciary

Company Director is a Fiduciary

It is common in estate disputes to encounter a party attempting to deal inappropriately with the affairs of a limited company whose shares should be an estate asset, and when this occurs, one should look for a breach of the directors fiduciary duty owed to… Read more

Executor Cannot Use Estate Funds To Defend Personally

Executor Cannot Use Estate Funds To Defend Personally

In a Wills variation claim (now section 60, WESA) an executor cannot use estate funds to defend him or herself if a beneficiary, and may  use reasonable estate  funds to defend the claim but only in the capacity of executor and not beneficiary. In a… Read more

Fiduciary Employee - Employer

Fiduciary Duty: Employee For Employer

The law of fiduciary duty is very relevant to estate litigation cases but is also prevalent in almost any other claim where equity is involved, including an employee can be found to be a fiduciary for the employer. M A Concrete Ltd v Truter 2016… Read more

Executor Removed For Delay and Disdain

Executor Removed For Delay and Disdain

Re Dirnberger Estate 2016 BCSC 439 removed an executor who had failed to settle and distribute a simple estate for more than four years and showed disdain and hostility towards his sister the other  major beneficiary. The delay and behavior constituted an inability to act due… Read more

Passing Over: Removing An Executor

Passing Over: Removing An Executor

Special circumstances sometimes occur where it is appropriate for the Court to Pass Over the named executor in favour of another  which effectively removes the named executor In Re Thomasson Estate, 2011 BCSC 481 the court Passed over the named executor by reason of personal conflict… Read more

Pre Taking Executors Fees Is Breach of Fiduciary Duty

Pre-Taking Executors Fees is Breach of Fiduciary Duty

Despite holding that the pre-taking of a $70,000 fee by an executor was a serious matter, being contrary to Supreme Court rule 25 – 13, a breach of the executors fiduciary duty, and done without consultation with the beneficiaries or their consent, the court excused… Read more