Duties of an Executor

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

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

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

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 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

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

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