Executors & Fiduciaries
Duties of an Executor
What to Expect as an Executor of Estate in BC
Everything to Know About Being an Executor It is perhaps trite to state that the role of the drafting notary…
At a Glance
Fiduciary Duties
An essential feature of a fiduciary relationship is the fiduciary’s…
S.86 Trustee Act: Opinions, Advice and Directions
The right of a trustee to seek the opinion, advice…
Executor Renunciation
Executor or administrator renunciation as the personal representative of the…
Trustee Disclosure to Beneficiaries
Al-Sabah Estate 2020 BCSC 169 reviewed the law relating to…
Suing Parents For Breach of Fiduciary Duty
In Hughes v Hughes 2019 BCSC 1109 a daughter sued…
Joint Retainers in Estate Disputes
Sales v Fisher 2019 BCSC 1050 dealt with a common…
Executor Liability
Executor Personally Liable for Court Costs
Craven v Osdacz 2017 ONSC 4396 held an executor of an estate personally liable for costs totalling about $150,000 for…
At a Glance
Executor Indemnification for Costs Incurred
Generally speaking executors who act within the scope of his…
Wills Drafting: The Myth of the “Simple Will”
It must be stressed that any document that has consequences…
Spousal or Child Support After Death
Bouchard v Bouchard 2018 BCSC 1728 dismissed an application for…
Wills Drafting 101
The cardinal rule of wills drafting is that there is…
Duties and Liabilities of Executors / Trustees
The duties and potential liabilities for executor/trustees can be onerous…
25 Will Drafting Tips
1. Take your time. Be cautious. Seriously consider charging your…
Executor Remuneration
Executor Denied Remuneration for Critical Behaviour
Re the Estate of Lillian Lowe 2002 BCSC 813 is an example of where the executors claim for fees was…
At a Glance
Executor Remuneration In Large Estates
There are surprisingly few decisions in British Columbia relating to…
Executor Indemnification for Costs Incurred
Generally speaking executors who act within the scope of his…
Executor Remuneration: When Do They Get Nothing?
There are many cases where the actions, or inactions of…
Executor Denied Fees For Breach of Trust
An executor/trustee who has committed a breach of trust may…
Executor Denied Remuneration for Critical Behaviour
Re the Estate of Lillian Lowe 2002 BCSC 813 is…
Executor Remuneration
Re Mikaloff 2018 BCSC 756 reviews the criteria relating to…
Fiduciaries
Fiduciary Duties
An essential feature of a fiduciary relationship is the fiduciary’s duty to the beneficiary who is entitled to expect that…
At a Glance
Fiduciary Relationships: Ad Hoc and Per Se
At the highest level of generality, a fiduciary must act…
Lawyer-Client Relationships and Fiduciary Obligations
Certain categories of relationships such as the lawyer-client are considered…
Fiduciary Duties
An essential feature of a fiduciary relationship is the fiduciary’s…
Obligation of Disclosure Between Partners/Fiduciaries
McNight v Hutchinson 2019 BCSC 944 discussed the obligation of…
The Profiteering Fiduciary
Fiduciaries must account for their handling of trust properties to…
Joint Account Holders Are Fiduciaries
MacKay v. MacKay Estate,2015 ONSC 7429, held that one joint…
Financial Abuse
Fraudulent Conveyance Found
Patrick (Trustee) v Patrick 2019 BCSC 1329 found in favour of a trustee in bankruptcy that a transfer of property…
At a Glance
Romance Scams
With the growth of social media romance scams are increasingly…
Hidden Assets: Abuse of Process
The Court of Appeal in Estate v Esteghmat-Ardakani 2018 BCCA…
Common Types of Financial Abuse by Caregivers
A British Columbia nurse was fined by the College of…
Dysfunctional Families: Financial Control
Financial abuse in dysfunctional families is a common tactic to…
Elder Abuse- Red Flags
The following article on signs of elder abuse is reprinted…
Ensuring Independent Legal Advice
Many transactions are set aside in British Columbia by the…
Fraud
How to Defeat a Testamentary Gift: Beneficiary Fraud
“Fraudulent beneficiaries” has arisen in a claim that I am aware of currently before the courts, where it is alleged…
At a Glance
Fraudulent Misrepresentation
In Jones v Davidson 2020 BCSC 1371, a plaintiff unsuccessfully…
Unconscionability
The test for unconscionability of a bargain was set out…
Badges of Fraud
Nouthi v Pourtaghi 2019 BCSC 794 referred to the badges…
How to Defeat a Testamentary Gift: Beneficiary Fraud
“Fraudulent beneficiaries” has arisen in a claim that I am…
Ponzi Schemes
Two recent British Columbia decisions Kriegman v Dill 2018 BCCA…
Transfer of Property Registered After Death Valid
Chung estate v. Chan 1995 BCJ 2195 was a decision…
Power of Attorney
Power of Attorney is a Fiduciary
Meng Estate v Liem 2019 BCCA 127 confirmed that a person acting under a power of attorney is an agent…
At a Glance
Power of Attorney Creates Fiduciary Relationship
Wang v Wang 20120 BCCA 15 followed the appeal court’s…
Power of Attorney is a Fiduciary
Meng Estate v Liem 2019 BCCA 127 confirmed that a…
Power of Attorney Has to Account
This article is about forcing a power of attorney who…
Court Refuses to Revoke Power of Attorney
An Ontario case Crane v Metzger 2018 ONSC 5382 refused…
Power of Attorney Abuse
Goyal v. Estate of Maisie Meng 2017 BCSC 2474 involved…
Power of Attorney Creates a Fiduciary
Attorney Using a Power of Attorney is a Fiduciary As…
Removing Executors/Trustees
Removing Executors or Trustees and Grounds for Replacement
Removing executors or trustee is one of the most common enquiries that I receive. The matter is both intriguing and…
At a Glance
Removal of a Trustee Pointers
In exercising its discretion as to whether or not to…
Passing Over/Removal of an Executor Trustee
One of the most common enquiries in estate litigation relates…
Wife Substituted as Executor: Courts Declaratory Powers
Re Rattray estate 2019 BC SC 1611 used the courts…
Removing an Executor
Burke v . Burke 2019 BCSC involved an application brought…
Court Orders Trustee Removed
Sheppe v Harlingten 2018 BCSC 1460 involved a court ordered…
Executor/Trustee Removal: The Law Summarized
1. Feeney’s The Canadian Law of Wills, 4th ed. (Markham:…