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

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…

S.86 Trustee Act: Opinions, Advice and Directions

The right of a trustee to seek the opinion, advice…

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

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

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

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

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

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

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…

Power of Attorney Has to Account

This article is about forcing a power of attorney who…

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

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…

S.158 WESA-Executors Passed Over, Third party Administrator Appointed

In Re Yurkiw estate 2021 BCSC 1015 two executors applied…

S. 158 WESA- Removal of an Executor

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