How Much Should An Executor Be Paid

How Much Should An Executor Be Paid? Hooke Estate v. Johnson 86 E.T.R. (3d) 92   The deceased appointed her solicitor as trustee of her estate. The Trustee handled her estate in accordance with deceased’s wishes and claimed executor’s compensation in amount of $21,900.93 for… Read more

Administration By Attorney

Rule 21 (27) provides for the administration of an estate by an attorney.: “ If a person entitled to administration resides outside British Columbia, administration by attorney, or administration with the will annexed, may be granted to the person or the person’s attorney acting under… Read more

Court Declines to Remove Trustee

Applications to remove executors/trustees are common, and are not always successful with the court declining the application. Miles v Vince 2013 BCSC 888 Removal of a Trustee The petitioners husband settled the trust in 2007 and named the petitioner and her three children as the… Read more

Administration Ad Colligenda Bona

Several years ago disinherited.com had an estate where the deceased had substantial assets that needed protection, while it took in excess of two years to locate his very distant next of kin in the far-off Ukraine. He had died intestate and no person came forward… Read more

What Is Double Probate?

Executors frequently appoint more than one person as his or her personal representative, and on occasion not all parties who are entitled to apply for probate actually do. However at the same time they do not renounce their executor ship and reserve the right to… Read more

Copy of Will Not Admitted to Probate, as No Proof Original Was Ever Signed

Re Whitehead Estate 2010 BCSC 348, the deceased was a founding member of a credit union and a retired bank manager. After his death, a “trued up” copy of will dated December 21, 1979 was found, but the original of that will was never located. Under… Read more

Court Declines to Remove Trustee – Orders Construction of Trust

Court Declines to Remove Trustee Winkler v Winkler 2012 BCSC 1949 involves an application by the surviving widow of the deceased, in her capacity as comity of the person and estate of the deceased, sought an order that her stepson be removed as a trustee… Read more

When Can a Will Draftman’s Notes Be Admissible to Interpret a Will Meaning?

Re Hoedl Estate 2012 ONSC 6857 involves the issue of whether the drafting solicitors notes are admissible at a hearing to interpret a will meaning. The executor of the deceased estate was also the solicitor who drafted the will. The executor initially advised of one… Read more

Breach of Fiduciary Duty

Breach of Fiduciary Duty In Elder Advocates of Alberta Society v. Alberta, 2011 SCC 24, [2011] 2 S.C.R. 261(S.C.C.), the Supreme Court of Canada concisely described the nature of a fiduciary relationship. At para. 22, the Court observed that the doctrine relating to fiduciary duty… Read more

Punitive Damages Awarded For Trustee’s Egregious Conduct

A trustee’s Egregious Conduct lead to an award of punitive damages of $100,000 against the trustee personally. Walling v Walling 2012 ONSC 6580 involves a decision where the Ontario Supreme Court awarded $100,000 punitive damages against the trustee of an estate for extremely egregious conduct… Read more

Breach of Fiduciary Duty In Widow’s Reliance On Family

A breach of fiduciary duty was found when following her husband’s death, a widow relied upon  family members  to enter into improvident land transfers based on assertions that the widow relied upon. It is a fact that families financially abuse each other and often in the… Read more

Executor Must Renounce In Order to Contest the Estate

Executor Must Renounce to contest the will It is fairly common in estate disputes that the executor of the will is also dissatisfied with the same will that the executor is by office bound to carry out and enforce. Since in estate claims it is… Read more

The Reverse Onus of Proof When Suing a Fiduciary

Suing a Fiduciary and Reverse Onus Is Important The duty of loyalty of a fiduciary is protected through onuses. Fiduciaries are held to an irregularly high standard of behavior in civil law due to the nature of their duties. It is the peculiarly unequal position… Read more

Court Removes Trustee and In Rare Case No Replacement Trustee Appointed

Court Removes Trustee Evans v Gonder 2010 CarswellOnt 1240 Ont C.A is unusual in that the court removed a trustee without appointing a replacement, and found that it had the authority to do so. The case involved a conflict of interest in the trustee necessitating… Read more

Trustee Discretionary Spending Limited By Court

Trustee Discretionary Spending and the Courts Oversight The decision of Steven Thompson Family Trust v. Thompson 2012 ONSC 7138, (Ont. S.C.J.) dealt with a contested passing of accounts for the Steven Thompson Family Trust . The beneficiaries contested the passing and opposed 23 disbursements that… Read more