Executors Denied Any Fee Despite Will Saying “May Claim” Up to 10% of Estate
The general rule is that an executor is entitled to compensation for their efforts in administering an estate. BC’s Trustee Act providesthat an executor is entitled to…
BC Executor’s Fee Disallowed Due to “Dismal Failures” in Administering the Estate
BC law states that an executor is entitled to remuneration of up to a maximum of 5% of the gross aggregate value of the estate, unless the…
BC Divorce Law: Help! My Spouse Drained Our Joint Line of Credit
Under BC divorce law, the rules about division of family property and debt apply to both married couples and unmarried couples who have been living together in…
Constructive Trust Imposed in Absence of Unjust Enrichment
Canadian courts have developed the remedial constructive trust to prevent unjust enrichment. Pursuant to seminal cases such as Pettkus v. Becker, [1980] 2 S.C.R. 834, it is…
Fiduciary Duty: Agent’s Fraud Cured by Constructive Trust
Let’s discuss “constructive trusts” as a remedy for fraud or disloyal conduct by an agent (agents owe a “fiduciary duty” to their client, which means they must…
Can You Have Unequal Division of Estate in a Will?
The unequal division of estate and property under a will must be valid and rational based on the reasons provided by the testator. If the court decides that…
Fiduciary Duty: Are Beneficiaries Dependent or Vulnerable?
The case of Lac Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 SCR 574 raised the question of when one party owes a fiduciary duty to another,…
Can you Rebut the Presumption of Resulting Trust?
This landmark case (Pecore v. Pecore, 2007 SCC 17) concerned the distribution of a father’s assets to his adult daughter. Two of his three children were financially secure…