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
The Obligations of a Trustee
Chung v Chung 2022 BCSC 1592 examined the legal obligations…
Administrator of Estate Can Commence Family Law Action
Weaver Estate v Weaver 2022 BCCA 79 clarified the law…
S. 86 Trustee Act Directions After a Murder
Re Unger 2022 BCSC 189 involved an application by the…
Deceitful Executor Deprived of Fees
Kyle estate v Kyle 2017 BCSC 752 was ordered to…
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…
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
Choosing The Executor
Careful thought should be put into choosing the right executor…
Funerals and Control of Human Remains
Court disputes over control of a deceased’s human remains on…
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…
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
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
An essential feature of a fiduciary relationship is the fiduciary’s duty to the beneficiary who is entitled to expect that…
At a Glance
The Power of Attorney Act
Sazarynick v Skwardchuk 2021 BCSC 443 reviewed how much of…
The Test For a Fiduciary Relationship
At the highest level of generality, a fiduciary must act…
The Equitable Principle of Disgorgement
Disgorgement is the giving up of funds by a fiduciary…
Fraudulent Executor Ordered to Pay Costs
Kyle estate 2017 BCSC 752 held that an executor who…
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…
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
Unconscionable Transactions and Predatory Lenders
In Astina Mortgage Group Ltd v Galpin 2019 BCSC 1811…
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…
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
What Debts Survive Bankruptcy
Re Poonian 2021 BCS555 reviewed the law as to what…
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…
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
Fiduciary Obligations of Attorney Increase If Donor Incompetent
In Zeligs v Janes 2015 BCSC 525 the court examined…
The Power of Attorney Act
Sazarynick v Skwardchuk 2021 BCSC 443 reviewed how much of…
The Test For a Fiduciary Relationship
At the highest level of generality, a fiduciary must act…
Fiduciary Obligations of a Power of Attorney
Sarzynick v Skwarchuk 2021 BCSC 443 discussed the fiduciary obligations…
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…
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 an Executor/Trustee 2023
It is difficult to remove and substitute an alternate executor/trustee…
Court Again Refuses to Remove an Executor
Fitzgerald v Hill 2022 BCSC 968 is one of many…
Executor Removed by All Beneficiaries
Re Kara Estate 2022 BCSC 923 ordered an executor removed,…
Removal of Trustee Refused
Re Koglin Estate 2021 BCSC 2525 is one of many…
Removal of Executor for Conflict of Interest
In Jury v Rodogzinski 2021 BCSC 2241 the court removed…
Court Appointed Trustees For Infants ( S 159 FLA)
Individuals, (typically parents) and trust companies may apply to be…