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
Executor Remuneration and Charges for Legal Services
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
Craven v Osdacz 2017 ONSC 4396 held an executor of an estate personally liable for costs totalling about $150,000 for…
At a Glance
Vancouver Lawyer Estate Disputes- Executor Reimbursement for Fees and Disbursements
Trevor Todd and Jackson Todd have practiced estate litigation for…
The Obligations of a Trustee
Chung v Chung 2022 BCSC 1592 examined the legal obligations…
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…
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
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
Trevor Todd and Jackson Todd have handled contested estate disputes for over sixty combined years including breach of fiduciary duties.…
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…
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…
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
Forgery and Handwriting Analysis
I commonly receive estate enquiries where the enquirer strongly asserts …
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…
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
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
Trevor Todd and Jackson Todd have over sixty years of estate litigation practice, including removing executors and trustees Removing…
At a Glance
Vancouver Estate Lawyer- Revocation of Estate Grants
Trevor Todd and Jackson Todd have over sixty years combined…
Vancouver Estate Lawyer- Court Orders $150,000 Punitive Damages Against Administrator
Leibenzeder Estate v MacIntyre 2025 BCSC 189 is noteworthy as…
BC Estate Litigation - Executor Removed
Trevor Todd and Jackson Todd have practiced estate law for…
Contested Estates In BC- Removing an Executor
Trevor Todd and Jackson Todd have over sixty years experience…
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…