Executor Liability
The Obligations of a Trustee
Chung v Chung 2022 BCSC 1592 examined the legal obligations of trustees and held that their principle obligation is to preserve the assets subject to the trust. The primary
Choosing The Executor
Careful thought should be put into choosing the right executor for each will maker. Some of the preliminary considerations are as follows. A. The Nature of the Client’s Affairs ·
Funerals and Control of Human Remains
Court disputes over control of a deceased’s human remains on occasion occur, particularly over the form if any of a funeral’s religious service. This occurred in Kartsonas v Kartsonas 2010
Executors Denied Fees and Ordered to Repay Unauthorized Expenses
In Re Zaradic Estate 2021 BCSC 1037 the executors were awarded nil remuneration and ordered to pay back unauthorized expenses of approximately $10,000 to the estate. The Registrars order was
Deceitful Executor Deprived of Fees
Kyle estate v Kyle 2017 BCSC 752 was ordered to pay approximately $400,000 to the beneficiaries as a result of deceitfully transferring monies from a joint account into his personal
Fraudulent Executor Ordered to Pay Costs
Kyle estate 2017 BCSC 752 held that an executor who misappropriated trust funds was denied the legal costs of defending the pursuit of those assets and either double costs or
Executor Indemnification for Costs Incurred
Generally speaking executors who act within the scope of his or her duties are entitled to full indemnification for costs properly and reasonably incurred while acting within the scope of
Wills Drafting: The Myth of the “Simple Will”
It must be stressed that any document that has consequences as permanent and far-reaching as a Will can never be “simple.” Even a straightforward Will can be fraught with drafting
Spousal or Child Support After Death
Bouchard v Bouchard 2018 BCSC 1728 dismissed an application for lump sum child maintenance for monies held in the estate of the deceased to died intestate, but reviewed the law
Wills Drafting 101
The cardinal rule of wills drafting is that there is no such thing as a “simple will.” There is a tendency amongst some wills practitioners to underestimate the difficulty of