Greeley Estate v. Greeley

Greeley Estate v. Greeley

The appeal is dismissed: the applications judge properly exercised discretion to remove the executor because his personal interest in the farmland created a conflict that stalled administration; refusal of remuneration was justified by prolonged inaction and non-compliance with court orders amounting to prejudicial...

Source-derived case information.

Citation
2016 NLCA 26
Parties
Appellant; Executor of the Estates and in Personal Capacity: Winston Greeley; Respondent; Beneficiary: Norman Greeley; Respondent; Beneficiary: Michael Greeley; Respondent; Beneficiary: Donald Greeley; Respondent; Beneficiary: Albert Greeley
Court
Newfoundland and Labrador Court of Appeal
Jurisdiction
Canada
Judgment Date
8 June 2016
Procedural Posture
Appeal / Court of Appeal Judgment Affirming Trial Judge's Order
Outcome
Appeal dismissed; order of the applications judge dated October 23, 2014 affirmed.
Legal Topics
Removal of Executor, Executor Remuneration, Solicitor Client Costs, Conflict of Interest, Breach of Court Orders
Source Language
english
Estate Law Trusts Civil Procedure Costs Law Removal of Executor Executor Remuneration Solicitor Client Costs Conflict of Interest +1 more

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Parties

Winston Greeley

Appellant; Executor of the Estates and in Personal Capacity

Norman Greeley

Respondent; Beneficiary

Michael Greeley

Respondent; Beneficiary

Donald Greeley

Respondent; Beneficiary

Albert Greeley

Respondent; Beneficiary

Procedural Posture

Appeal / Court of Appeal Judgment Affirming Trial Judge's Order

Legal Issues

  1. 1 Whether the executor should be removed
  2. 2 Whether the executor is entitled to remuneration
  3. 3 Whether solicitor-client costs were properly ordered

Ratio Decidendi

The appeal is dismissed: the applications judge properly exercised discretion to remove the executor because his personal interest in the farmland created a conflict that stalled administration; refusal of remuneration was justified by prolonged inaction and non-compliance with court orders amounting to prejudicial misconduct; and ordering solicitor-client costs was within discretion given the executor's repeated failure to follow court orders and the resulting unnecessary litigation.

Court Disposition

Appeal dismissed; order of the applications judge dated October 23, 2014 affirmed.

Orders

  • Winston Greeley removed as executor of the estates of Robert James Greeley and Violet Jane Greeley
  • No remuneration awarded to Winston Greeley for acting as executor