Executors & Fiduciaries

Duties of an Executor

What to Expect as an Executor of Estate in BC

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

Trustee Must Follow Terms of Trust

A trustee is obliged to follow the terms of the…

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…

Executor Liability

Executor Personally Liable for Court Costs

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

Executors Denied Fees and Ordered to Repay Unauthorized Expenses

In Re Zaradic Estate 2021 BCSC 1037 the executors were…

Deceitful Executor Deprived of Fees

Kyle estate v Kyle 2017 BCSC 752 was ordered to…

Fraudulent Executor Ordered to Pay Costs

Kyle estate 2017 BCSC 752 held that an executor who…

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…

Executor Remuneration

Executor Denied Remuneration for Critical Behaviour

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

Deceitful Executor Deprived of Fees

Kyle estate v Kyle 2017 BCSC 752 was ordered to…

Executor Remuneration When Stipulated

The Supreme Court of British Columbia has no inherent jurisdiction…

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…

Fiduciaries

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…

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

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

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

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 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

S. 158 WESA- Removal of an Executor

The Estate of Jean Maureen Dahle, deceased 2021 BCSC718 discussed…

Removing an Executor Can Be Difficult

Burke v . Burke 2019 BCSC involved an application brought…

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…