Removing Executors/Trustees
Removal of an Executor/Trustee 2023
It is difficult to remove and substitute an alternate executor/trustee as a will-maker has the right to choose their executor and trustee. That choice is entitled to deference and will
Court Again Refuses to Remove an Executor
Fitzgerald v Hill 2022 BCSC 968 is one of many examples where disgruntled beneficiaries with hostility towards the executor failed in court to replace or remove an executor / trustee.
Executor Removed by All Beneficiaries
Re Kara Estate 2022 BCSC 923 ordered an executor removed, or passed over since probate had not been started, where all of the beneficiaries sought such an order. There were
Removal of Trustee Refused
Re Koglin Estate 2021 BCSC 2525 is one of many court decisions where an application to remove an executor/trustee was refused by the courts. This is not to say that
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