Removing Executors/Trustees
Removal of Executor For Conflict of Interest
In Jury v Rodogzinski 2021 BCSC 2241 the court removed the executor for a perceived conflict of interest where the executor had received the bulk of the estate by way
Court Appointed Trustees For Infants ( S 159 FLA)
Individuals, (typically parents) and trust companies may apply to be appointed the trustee of the minor’s property pursuant to section 179 of the Family Law act. ( FLA) For example,
S.158 WESA-Executors Passed Over, Third party Administrator Appointed
In Re Yurkiw estate 2021 BCSC 1015 two executors applied to have each other passed over so as to be the sole executor but the court dismissed both applications and
S. 158 WESA- Removal of an Executor
The Estate of Jean Maureen Dahle, deceased 2021 BCSC718 discussed the law relating to the removal of an executor, both under s 158 WESA, the common law and S. 31
Removing an Executor Can Be Difficult
Burke v . Burke 2019 BCSC involved an application brought under sections 130 and 132 of WESA, along with section 31 of the Trustee Act and the inherent jurisdiction of
Removal of a Trustee Pointers
In exercising its discretion as to whether or not to remove a trustee, the courts will follow a general rule that their main guide must be the welfare of the
Passing Over/Removal of an Executor Trustee
One of the most common enquiries in estate litigation relates to the beneficiaries’ dissatisfaction with the named executor/trustee and their intention to either pass over or remove him or her.
Wife Substituted as Executor: Courts Declaratory Powers
Re Rattray estate 2019 BC SC 1611 used the courts inherent jurisdiction to provide declaratory relief in the for of directions in substituting a former common-law spouse as an alternate
Removing an Executor
Burke v . Burke 2019 BCSC involved an application brought under sections 130 and 132 of WESA, along with section 31 of the Trustee act and the inherent jurisdiction of
Court Orders Trustee Removed
Sheppe v Harlingten 2018 BCSC 1460 involved a court ordered removal of a trustee pursuant to the beneficiaries of the Harlingten trust which was established when they were children. Two