Removing Executors/Trustees

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

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

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

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