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

Compensation For Executors and Trustees in British Columbia

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

Executor/Trustee Personally Liable To Beneficiary For Unauthorized Payments from Estate Assets

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.

Torn Up Will Admitted to Probate

Will Admitted to Probate In Jorsvik Estate, Re 2011 BCSC 528 ,after the testatrix’s death, her daughter found her torn up will at the care center where her step father had resided for the previous several years.

Disbarred lawyer

Disbarred Lawyer Loses Mother’s BC Estate Case

Cameron, as administrator of the Estate of Sophia Ewachniuk v Ewachniuk 2011 BCSC 395 is the fascinating sequel of disbarred lawyer Ted Ewachniuk’s continued litigation with his two sisters. In a previous trial involving the same parties, Hix v Ewachniuk 2008 BCSC 811, affirmed 2010… Read more

Court Removes One Co-Executor in Deadlock Between Two

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.