Duties of an Executor

Vancouver Estate Lawyer- Interim Distributions From the Executor

Trevor Todd and Jackson Todd have handled contested estates including obtaining interim distributions of estate for over sixty comb9ined years. INTERIM DISTRIBUTIONS IN ESTATES The court retains a general jurisdiction

Executor Remuneration

The legal principles re executor’s remuneration and charges for legal services, are set out in Bernhard v. Wist, 2011 BCSC 101: Section 88 of the Trustee Act, [R.S.B.C. 1996, c.

Trustee Care and Management Fees

Bokovic v Borkovich 2023 BCSC 2050 reviewed the law relating to trustee care and management fees of estate assets. Section 88(3) of the Trustee Act permits an executor to apply

When The Lawyer Is Also a Witness

Re Zenrosso Estate 2023 BCSC dealt with an issue where a conflict of interest arose with respect to a lawyer representing the sole beneficiary personally  and also in the capacity

Executors Should Not Purchase Estate Assets

Re Dewberry estate 2023 BCSC 325 reviewed the law that executors should not self deal with estate assets. An executor or administrator owes a fiduciary’s duty of loyalty to the

Chattel or Fixture?

Executors occasionally when selling estate assets run into the “age-old” issue of whether the asset a chattel or a fixture to the land. The legal test for determining whether an

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
Administrator of Estate Can Commence Family Law Action | Disinherited

Administrator of Estate Can Commence Family Law Action

Weaver Estate v Weaver 2022 BCCA 79 clarified the law in British Columbia that an administrator of an estate of a separated and deceased spouse may commence a claim for
S. 86 Trustee Act Directions After a Murder | Disinherited

S. 86 Trustee Act Directions After a Murder

Re Unger 2022 BCSC 189 involved an application by the executors of the estate for advice and direction as authorized by Section 86 of the Trustee act regarding the disposition

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