Fenotti Estate (Re)

Fenotti Estate (Re)

The forfeiture rule (public policy) applies to intestacy: a person who murdered the intestate (Richard Glen Shields) is not entitled to inherit under the Estate Administration Act; question answered in the negative, relying on Nordstrom v. Baumann and consistent BC authority.

Citation
2014 BCSC 1533
Parties
Petitioner/administrator: David Lynn Griffiths; Deceased: Ethel Sarah Fenotti; Beneficiary: Susan Diana Fenotti; Beneficiary: Jerome Emilio Fenotti; Beneficiary: Wade Tyler Fenotti; Respondent/beneficiary/accused: Richard Glen Shields
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 August 2014
Procedural Posture
Estate Administration Petition for Directions / Application for Directions Under Trustee Act and Estate Administration Act (petition Hearing)
Outcome
Answered question one: Richard Glen Shields is not entitled to a share of the estate. Question two adjourned for further evidence and submissions regarding the Deed and Wade's capacity.
Legal Topics
Intestacy, Forfeiture Rule, Administration of Estates, Court Directions, Capacity of Beneficiary, Stay of Effect
Source Language
English
Wills and Estates Trusts Criminal Law (forfeiture by Wrongdoing) Civil Procedure Intestacy Forfeiture Rule Administration of Estates Court Directions +2 more

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Parties

David Lynn Griffiths

Petitioner/administrator

Ethel Sarah Fenotti

Deceased

Susan Diana Fenotti

Beneficiary

Jerome Emilio Fenotti

Beneficiary

Wade Tyler Fenotti

Beneficiary

Richard Glen Shields

Respondent/beneficiary/accused

Procedural Posture

Estate Administration Petition for Directions / Application for Directions Under Trustee Act and Estate Administration Act (petition Hearing)

Legal Issues

  1. 1 Whether a person who murdered the intestate (Richard Glen Shields) is entitled to inherit under the Estate Administration Act/intestacy rules
  2. 2 Whether the administrator can release the funds held in trust for the murderer's share to the other beneficiaries given the terms of the Deed and potential capacity issues of Wade Tyler Fenotti

Ratio Decidendi

The forfeiture rule (public policy) applies to intestacy: a person who murdered the intestate (Richard Glen Shields) is not entitled to inherit under the Estate Administration Act; question answered in the negative, relying on Nordstrom v. Baumann and consistent BC authority.

Court Disposition

Answered question one: Richard Glen Shields is not entitled to a share of the estate. Question two adjourned for further evidence and submissions regarding the Deed and Wade's capacity.

Orders

  • Adjourn consideration of whether the funds held in trust may be released until counsel provides further evidence and submissions regarding Wade's capacity and potential involvement of the Public Guardian and Trustee
  • Order that a copy of these reasons be personally served on Richard Glen Shields by the petitioner or his agent