Trustee Removal
August 2, 2017 No Comments
Two Ontario cases summarize the law relating to the removal of a trustee appointed by a will and would likely be followed as the law
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Trustees Breach of Trust Excused
June 23, 2017 No Comments
Section 96 of the Trustee Act allows the court to excuse a trustee for negligence or breach of trust when handling estate assets if the
Removal of Executor/Trustee For Conflict of Interest
June 3, 2017 No Comments
As a BC estate lawyer, I am often asked to remove an executor/trustee. Re Ching 2016 BCSC 1111 is one of several cases where the
Removing and Replacing Executors and Trustees
May 25, 2017 No Comments
This video is on removing executors and trustees. Personally, I think being an executor is like being a fire hydrant on a street of dogs.
The Factors To Determine an Executor’s Compensation
August 5, 2014 No Comments
In the well-known case of Re Toronto General Trusts and Central Ontario Railway (1905), 6 O.W.R. 350 (H.C.), five central factors should be considered by
Party Cannot Take Tax Benefit For One Purpose and Deny It For Another
August 3, 2014 No Comments
In Rosenthal v Rosenthal, 1986 CarswellOnt 288 (HCJ), it was held that an individual cannot take a position to obtain a tax benefit and then
The Prudent Investment Standard For Trustees
August 1, 2014 No Comments
Miles v Vince 2014 BCCA 290 allowed an appeal and removed a trustee for failure to abide by the Prudent Investor Standard expected of a
Executor Ordered to Repay Monies
February 14, 2014 No Comments
Executor Ordered to Repay Monies Back to Estate Paid Out Before Expiration of 6 Month Limitation Stevens v. Wood Estate (Re), 2013 BCSC 2380. Until
Trustee Removed For Selling Assets Below Market Value and Benefiting
February 4, 2014 No Comments
Trustee Removed For Selling Assets Below Market Value and Benefiting VanKoughnett & Others v. Austin, 2006 BCSC 1856 is authority for the proposition that a
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