Gechman v. Gechman

Gechman v. Gechman

The court exercised its statutory and inherent jurisdiction to pass over Jack Gechman as named executor because the evidence established endangerment of trust property, want of honesty, lack of capacity and reasonable fidelity, and a conflict of interest; accordingly Solus Trust was appointed administrator with will...

Source-derived case information.

Citation
2017 BCSC 416
Parties
Plaintiff (trustee in Bankruptcy of Jacob Gechman): PricewaterhouseCoopers Inc., as Trustee of the Estate of Bankruptcy of Jacob Gechman; Defendant (administrator Pendente Lite; Consenting to Appointment): Solus Trust Company Limited, as Administrator Pendente Lite of the Estate of Sara Gechman, Deceased; Defendant (beneficiary): Cynthia Rozen; Defendant (named Executor; Bankrupt; Appearing in Person): Jack Gechman
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 March 2017
Procedural Posture
Estate Administration and Bankruptcy / Trial and Reasons for Judgment (judgment Issued)
Outcome
Named executor Jack Gechman passed over; Solus Trust Company Limited appointed administrator with will annexed of the estate of Sara Gechman; most relief sought by the trustee granted; special costs against Jack Gechman denied; plaintiff awarded costs against Jack Gechman at Scale B; certain administration fees and...
Legal Topics
Passing Over Executor, Appointment of Administrator With Will Annexed, Conflict of Interest, Removal of Executor, Proof in Solemn Form, Trustee in Bankruptcy Rights
Source Language
english
Estate Law Bankruptcy Law Trust Law Civil Procedure Passing Over Executor Appointment of Administrator With Will Annexed Conflict of Interest Removal of Executor +2 more

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Parties

PricewaterhouseCoopers Inc., as Trustee of the Estate of Bankruptcy of Jacob Gechman

Plaintiff (trustee in Bankruptcy of Jacob Gechman)

Solus Trust Company Limited, as Administrator Pendente Lite of the Estate of Sara Gechman, Deceased

Defendant (administrator Pendente Lite; Consenting to Appointment)

Cynthia Rozen

Defendant (beneficiary)

Jack Gechman

Defendant (named Executor; Bankrupt; Appearing in Person)

Procedural Posture

Estate Administration and Bankruptcy / Trial and Reasons for Judgment (judgment Issued)

Legal Issues

  1. 1 Whether the court should pass over the named executor Jack Gechman
  2. 2 Whether Solus Trust Company Limited should be appointed administrator with will annexed
  3. 3 Whether special costs should be awarded against Jack Gechman

Ratio Decidendi

The court exercised its statutory and inherent jurisdiction to pass over Jack Gechman as named executor because the evidence established endangerment of trust property, want of honesty, lack of capacity and reasonable fidelity, and a conflict of interest; accordingly Solus Trust was appointed administrator with will annexed and most relief sought by the trustee was granted, with limited costs awarded as set out in the judgment.

Court Disposition

Named executor Jack Gechman passed over; Solus Trust Company Limited appointed administrator with will annexed of the estate of Sara Gechman; most relief sought by the trustee granted; special costs against Jack Gechman denied; plaintiff awarded costs against Jack Gechman at Scale B; certain administration fees and...

Orders

  • Jack Gechman is passed over as the named executor of the estate of Sara Gechman, deceased
  • Solus Trust Company Limited is appointed administrator with Will annexed of the estate of Sara Gechman, deceased