Elphinstone Estate (Re)

Elphinstone Estate (Re)

The court removed Blake Steinson as executor because his role as beneficiary and primary witness to disputed video-recorded testamentary variations created a significant and disqualifying conflict of interest that prevented neutrality and endangered beneficiary welfare; the court appointed a professional trustee (Boale, Wood & Company, John McEown) as substitute executor effective immediately and dismissed the executor's sequencing application as he no longer held office.

Citation
2017 BCSC 1404
Parties
Deceased: Loraine Elizabeth Elphinstone; Executor and Beneficiary: Blake Steinson; Applicant and Residuary Beneficiary: Kacey Dalzell; Beneficiary (minor) and Applicant Represented by Litigation Guardian: Joad Wood; Beneficiary: Eric Steinson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 July 2017
Procedural Posture
Probate / Application Under S.58 Wills, Estates and Succession Act / Pre Hearing Applications Following Grant of Probate; Executor Removal Application Heard July 24, 2017
Outcome
Executor removed and professional trustee appointed; executor's sequencing application dismissed; other relief sought by applicant dismissed without prejudice; costs reserved
Legal Topics
Executor Removal, Conflict of Interest, Electronic Records as Testamentary Documents (s.58), Testamentary Capacity, Undue Influence, Litigation Guardianship for Minors
Source Language
English
Wills and Estates Trusts Probate Civil Procedure Executor Removal Conflict of Interest Electronic Records as Testamentary Documents (s.58) Testamentary Capacity +2 more

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Parties

Loraine Elizabeth Elphinstone

Deceased

Blake Steinson

Executor and Beneficiary

Kacey Dalzell

Applicant and Residuary Beneficiary

Joad Wood

Beneficiary (minor) and Applicant Represented by Litigation Guardian

Eric Steinson

Beneficiary

Procedural Posture

Probate / Application Under S.58 Wills, Estates and Succession Act / Pre Hearing Applications Following Grant of Probate; Executor Removal Application Heard July 24, 2017

Legal Issues

  1. 1 Whether two cell phone video recordings qualify as a 'record' under s.58 of the Wills, Estates and Succession Act and can effect testamentary dispositions
  2. 2 Whether the executor's dual role as beneficiary and primary witness creates a disqualifying conflict of interest requiring removal
  3. 3 Whether minors are properly represented and require litigation guardians prior to determination of s.58 application

Ratio Decidendi

The court removed Blake Steinson as executor because his role as beneficiary and primary witness to disputed video-recorded testamentary variations created a significant and disqualifying conflict of interest that prevented neutrality and endangered beneficiary welfare; the court appointed a professional trustee (Boale, Wood & Company, John McEown) as substitute executor effective immediately and dismissed the executor's sequencing application as he no longer held office.

Court Disposition

Executor removed and professional trustee appointed; executor's sequencing application dismissed; other relief sought by applicant dismissed without prejudice; costs reserved

Orders

  • Blake Steinson removed as executor and trustee effective immediately
  • Boale, Wood & Company appointed as substitute executor and trustee and John McEown designated to act in that role