Duties of an Executor
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
Trustee Must Follow Terms of Trust
A trustee is obliged to follow the terms of the trust – McLeod v. McLeod, 2011 BCSC 1942. The trustee is obliged to follow the terms of the trust. The
Fiduciary Duties
An essential feature of a fiduciary relationship is the fiduciary’s duty to the beneficiary who is entitled to expect that the fiduciary will be concerned solely for the beneficiaries interests,
S.86 Trustee Act: Opinions, Advice and Directions
The right of a trustee to seek the opinion, advice or direction from the court in relation to its obligations is a well-established principle of equity. It has been codified
Executor Renunciation
Executor or administrator renunciation as the personal representative of the estate may occur for a myriad of reasons. The role of the executor/administrator is to carry out the directions of
Trustee Disclosure to Beneficiaries
Al-Sabah Estate 2020 BCSC 169 reviewed the law relating to how much information beneficiaries are entitled to receive when seeking to hold a trustee to account. The jurisprudence in British
Suing Parents For Breach of Fiduciary Duty
In Hughes v Hughes 2019 BCSC 1109 a daughter sued her parents for breach of fiduciary duty for forcing her to have an abortion when she was 17 years of
Joint Retainers in Estate Disputes
Sales v Fisher 2019 BCSC 1050 dealt with a common situation in estate disputes, namely where two or more clients retain the same lawyer in what is known as a
Obligation of Disclosure Between Partners/Fiduciaries
McNight v Hutchinson 2019 BCSC 944 discussed the obligation of disclosure between partners and other relationships characterized by a duty of utmost fairness and good faith ( fiduciary) . (
Breach of Fiduciary Duty and Constructive Trust Remedy
Li v Piao 2019 BCSC 488 involved a claim for inter alia, breach of fiduciary duty and the imposition of a remedial constructive trust as a result of the defendant’s