Removing an Executor
March 25, 2019 No Comments
Burke v . Burke 2019 BCSC involved an application brought under sections 130 and 132 of WESA, along with section 31 of the Trustee act
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Fiduciary Must Account For Breach of Duty
March 24, 2019 No Comments
The law is clear that a fiduciary who has breached a duty must account, but only for what the fiduciary acquired in consequence of the
Executor Denied Remuneration for Critical Behaviour
July 28, 2018 No Comments
Re the Estate of Lillian Lowe 2002 BCSC 813 is an example of where the executors claim for fees was denied entirely by the court
Executor Remuneration
July 22, 2018 No Comments
Re Mikaloff 2018 BCSC 756 reviews the criteria relating to the appropriate amount of executor remuneration on a passing of accounts application. The deceased died
Executor/Trustee Removal: The Law Summarized
July 19, 2018 No Comments
1. Feeney’s The Canadian Law of Wills, 4th ed. (Markham: LexisNexis, 2000) at 8.17 states: An executor has a duty to settle the affairs of
Executor’s Remuneration
February 3, 2018 No Comments
A beneficiary has the right to challenge a claim by the executor for remuneration by compelling the executor to pass his or her accounts before
What to Expect as an Executor of Estate in BC
November 27, 2017 No Comments
Everything to Know About Being an Executor It is perhaps trite to state that the role of the drafting notary or solicitor is simply not
Power of Attorney Creates a Fiduciary
November 24, 2017 No Comments
Attorney Using a Power of Attorney is a Fiduciary As a fiduciary, an attorney for property is “ obliged to act only for the benefit
Passing of Accounts and Court Costs
November 9, 2017 No Comments
Re Rodgers Estate 2017 BCSC 2001 discussed who should bear the costs of a passing of accounts hearing where it was asserted that no valid
Executor Remuneration and Passing of Accounts
October 27, 2017 No Comments
Re Beerenbrouk 2017 BCSC 1785 is a good summary of the law relating to executor remuneration and the passing of executor accounts. A farm property