Removing Executor for Conflict of Interest Vancouver Estate Litigation Lawyers
Executors are critical cogs in the machinery of administering an estate. An issue that often arises in the context of Estate litigation is when a beneficiary would like to see an executor removed. Courts are reluctant to remove executors solely at the whim or request of a beneficiary in order to respect the principle of testamentary intent. However, there are …Read more →
Curing Deficiencies in a Will with WESA – Part 1
The adoption of the Wills Estates and Succession Act (“WESA”) has provided Estate Litigation lawyers with many new and interesting tools to use when assisting their clients with estate issues. One of the more interesting aspects of WESA is the power of the is section 58 which permits an application to seek an Order from the Court curing a deficiency …Read more →
Commencing Actions on Behalf of an Estate – Part 2
In part 1 of this blog, we began to review the decision of Terezakis v. Ekins, 2018 BCSC 24 where the Court was asked to consider an application being brought under s. 151 of the Wills Estates and Succession Act (“WESA”) by the son of the Deceased to bring an action on behalf of the Estate against his sister, the …Read more →