The duties and potential liabilities for executor/trustees can be onerous and personally risky if not properly carried out. It is extremely important that the testator’s
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
Attorney Using a Power of Attorney is a Fiduciary As a fiduciary, an attorney for property is “ obliged to act only for the benefit
Six factors must exist to create an ad hoc fiduciary duty as per the Supreme Court of Canada in Elder Advocates of Alberta Society v.
Equity will not allow a person who is in a position of trust to carry out a transaction where there is a conflict between his
The Manitoba Supreme Court in Krawchuk v Krawchuk 2017 MBQB 47 outlined the legal obligations of a power of attorney. Manitoba’s laws for powers of attorneys
Re Johnston Estate 2017 BCSC 272 upheld the rule in Cherry v. Boultbee which provides that where a legatee of a share of the residue
A (LS) v A. ( WH) Estate 2014 BCSC 1910 (Antrobus v Antrobus) discusses that the relationship of parent and child is fiduciary in nature, and
No specific terms of payment were ever agreed between the parties and the defendant was paid the sum of $37,850 over approximately 5 years. No
Re Vince Insurance Trust 2016 BCSC 1992 reviewed the law as to what constitutes proper estate expenses such that the executor would be entitled to