Duties of an Executor

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
Joint Retainers in Estate Disputes

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

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) . (
Trustee For Child Under Will Has Priority

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
Duties and Liabilities of an Executor / Trustee | Disinherited Estate Litigation

Duties and Liabilities of Executors / Trustees

The duties and potential liabilities for executor/trustees can be onerous and personally risky if not properly carried out. It is extremely important that the testator’s choice of his or her