Edwards Estate (Re)

Edwards Estate (Re)

Applicant was properly notified and wilfully failed to attend or was willfully blind to the hearing; he delayed unreasonably in seeking reconsideration and has not shown any meritorious defence or objective evidence that the July 23, 2018 findings were clearly wrong on the facts (including findings that he endangered trust property, demonstrated lack of honesty, capacity and fidelity). Therefore the order of July 23, 2018 stands and reconsideration is refused; respondent's applications for relief are granted.

Citation
2019 BCSC 858
Parties
Applicant / Proposed Executor: Brock Edwards; Respondent / Executor and Trustee (appointed): Susan Steeds; Deceased: Dudley Edwards
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 May 2019
Procedural Posture
Wills and Estates / Probate / Application for Reconsideration of Chambers Order (reconsideration of July 23, 2018 Order)
Outcome
Application for reconsideration dismissed; July 23, 2018 order passing over Brock Edwards as executor and naming Susan Steeds as executor and trustee remains in force; respondent's applications granted.
Legal Topics
Executor Removal, Service of Process, Reconsideration of Default Order, Probate Administration, Production of Documents, Notice of Dispute
Source Language
English
Wills and Estates Probate Civil Procedure Trusts and Fiduciary Law Executor Removal Service of Process Reconsideration of Default Order Probate Administration +2 more

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Parties

Brock Edwards

Applicant / Proposed Executor

Susan Steeds

Respondent / Executor and Trustee (appointed)

Dudley Edwards

Deceased

Procedural Posture

Wills and Estates / Probate / Application for Reconsideration of Chambers Order (reconsideration of July 23, 2018 Order)

Legal Issues

  1. 1 Whether applicant was properly served and whether his non-attendance was wilful/default
  2. 2 Whether applicant applied for reconsideration as soon as practicable
  3. 3 Whether applicant has a meritorious defence such that failure to reconsider would result in a serious miscarriage of justice

Ratio Decidendi

Applicant was properly notified and wilfully failed to attend or was willfully blind to the hearing; he delayed unreasonably in seeking reconsideration and has not shown any meritorious defence or objective evidence that the July 23, 2018 findings were clearly wrong on the facts (including findings that he endangered trust property, demonstrated lack of honesty, capacity and fidelity). Therefore the order of July 23, 2018 stands and reconsideration is refused; respondent's applications for relief are granted.

Court Disposition

Application for reconsideration dismissed; July 23, 2018 order passing over Brock Edwards as executor and naming Susan Steeds as executor and trustee remains in force; respondent's applications granted.

Orders

  • Application to set aside July 23, 2018 order dismissed
  • Application to set aside Mr. Edwards' notice of dispute allowed