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

Executor Remuneration

The legal principles re executor’s remuneration and charges for legal…

Trustee Care and Management Fees

Bokovic v Borkovich 2023 BCSC 2050 reviewed the law relating…

When The Lawyer Is Also a Witness

Re Zenrosso Estate 2023 BCSC dealt with an issue where…

Executors Should Not Purchase Estate Assets

Re Dewberry estate 2023 BCSC 325 reviewed the law that…

Chattel or Fixture?

Executors occasionally when selling estate assets run into the “age-old”…

The Obligations of a Trustee

Chung v Chung 2022 BCSC 1592 examined the legal obligations…

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

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

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

Trustee Care and Management Fees

Bokovic v Borkovich 2023 BCSC 2050 reviewed the law relating…

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…

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…

Fiduciaries

BC Contested Estates-Fiduciary Duties

BC Contested Estates-Fiduciary Duties

Trevor Todd and Jackson Todd have handled contested estate disputes for over sixty combined years including breach of fiduciary duties.…

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

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

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 Conveyances 2021

In Kootenay Savings Credit Union v Brar 2021 BCSC 2027…

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…

Power of Attorney

BC Estate Lawyer-Power of Attorney is a Fiduciary

BC Estate Lawyer-Power of Attorney is a Fiduciary

Trevor Todd and Jackson todd have handled contested estates for over sixty combined years, including breach of fiduciary duties of…

At a Glance

Attorney Cannot Transfer Parent's Assets to Protect Parent's Finances

An attorney cannot transfer all of the funds to another…

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…

Removing Executors/Trustees

BC Contested Wills: Removing Executors or Trustees and Grounds for Replacement

BC Contested Wills: Removing Executors or Trustees and Grounds for Replacement

Trevor Todd and Jackson Todd have over sixty years of estate litigation practice, including removing executors and trustees   Removing…

At a Glance

BC Contested Estates- The Criteria For Removing an Executor

Trevor Todd and Jackson Todd have over sixty years combined…

Removal of an Executor 2023

Re De Bonis 2023 BCSC 713 removed a brother and…

BC Estate Lawyer-Removal of an Executor/Trustee 2023

Trevor Todd and Jackson Todd have over 60 years experience…

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…