The Executors Obligation To Maintain Estate Assets
January 2, 2014 No Comments
Executors obligation cannot just idly stand by and allow estate assets to deteriorate or waste- the executor and trustee has a duty of care to
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Lawyers Questionnaire Admitted Into Probate Will
January 2, 2014 No Comments
Garnett Estate v Garnett Estate 2013 BCSC 1731 is an interesting case where pre WESA, a lawyers questionnaire re will instructions was determined by the court to
Fiduciary Relationships- Leading Case
December 15, 2013 No Comments
It is important on occasion to revisit some of the British Privy Council case authority chestnuts that have developed as pillars of certain areas
Neighbour Found to Be a Fiduciary re Finacial Advise/Abuse
December 5, 2013 No Comments
Neighbour Found to Be a Fiduciary Janz v. McIntosh [1999] S.J. No. 121 is an excellent example of a court finding a breach of fiduciary
Advising The Personal Representative
November 19, 2013 No Comments
1. INTRODUCTION It is perhaps trite to state that the role of the drafting notary or solicitor is simply not to fill in the blanks
Removing Executors or Trustees and Grounds for Replacement
November 19, 2013 No Comments
Removing executors or trustee is one of the most common enquiries that I receive. The matter is both intriguing and somewhat complex, largely due to
Fiduciary Relationships
November 19, 2013 No Comments
Most of us likely do not give a moment’s notice to the concept of the fiduciary relationships. This concept, however, is an extremely important
Removal of an Executor – Trustee
November 2, 2013 No Comments
Dunsdon v Dunsdon 2012 BCSC 1274 has an excellent and brief summary of the law relating to the removal of an executor-trustee, pre WESA
Criteria For Removal of a Trustee
October 10, 2013 No Comments
Criteria For Removal of a Trustee: Grafton v Canada Trust 2012 ONSC 6955 is an interesting case on when a court will or will not
Prior Unregistered Trust Takes Priority Over Creditor
October 5, 2013 No Comments
Unregistered Trust Agreement and Creditors Colantonio v Don Park and Mercedes Benz 2013 ONSC involves a dispute between an estate and a creditor with respect