Executor’s Obligation to Disclose Documents In Estate Litigation
Wang v Christie Estate 2014 BCSC 1574 confirms and discusses what I would have considered to be trite law in that once an executor named as a respondent in a civil wills variation claim is served with the claim, he or she becomes subject to disclose documents obligation imposed on all parties of record under rule 7-1
The Plaintiff had brought an action alleging he was spouse of deceased and that deceased’s will did not make adequate provision for his maintenance and support .
The Executor was named as defendant.
The Master dismissed the plaintiff’s application for an order requiring executor to file and deliver list of documents and the Plaintiff successfully appealed.
Master’s interpretation and application of Rules of Court was held to be in error , as since the Executor delivered a Response to the claim, he became subject to document disclosure obligations imposed on parties of record.