McRae Estate (Re)

McRae Estate (Re)

Because the executors could not cooperate, Campbell had provided the deceased's power of attorney and personal care, the estate was modest and the Public Guardian and Trustee would not intervene while a family member was willing, the court removed Russell as executor and entrusted administration to Campbell, with costs payable from the estate.

Citation
2015 BCSC 1723
Parties
Applicant/executor: Campbell Warren McRae; Respondent/executor: Russell Stewart McRae; Deceased/testator: Allan Campbell Greig McRae; Co Executor/beneficiary: Lawrence Duncan McRae
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 September 2015
Procedural Posture
Application to Remove Executor (estate Administration) / Reasons for Judgment (chambers)
Outcome
Order removing Russell Stewart McRae as an Executor and Trustee; administration to proceed under Campbell Warren McRae.
Legal Topics
Removal of Executor, Executor Duties and Cooperation, Power of Attorney, Public Guardian and Trustee Involvement, Costs From Estate
Source Language
English
Wills and Estates Trusts Civil Procedure Removal of Executor Executor Duties and Cooperation Power of Attorney Public Guardian and Trustee Involvement Costs From Estate

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Parties

Campbell Warren McRae

Applicant/executor

Russell Stewart McRae

Respondent/executor

Allan Campbell Greig McRae

Deceased/testator

Lawrence Duncan McRae

Co Executor/beneficiary

Procedural Posture

Application to Remove Executor (estate Administration) / Reasons for Judgment (chambers)

Legal Issues

  1. 1 Whether Russell should be removed as an executor and trustee
  2. 2 Whether Campbell is the appropriate person to administer the estate
  3. 3 Whether costs should be paid from the estate

Ratio Decidendi

Because the executors could not cooperate, Campbell had provided the deceased's power of attorney and personal care, the estate was modest and the Public Guardian and Trustee would not intervene while a family member was willing, the court removed Russell as executor and entrusted administration to Campbell, with costs payable from the estate.

Court Disposition

Order removing Russell Stewart McRae as an Executor and Trustee; administration to proceed under Campbell Warren McRae.

Orders

  • Russell Stewart McRae is removed as an Executor and Trustee under the last will and in the estate of Allan Campbell Greig McRae.
  • Campbell Warren McRae is authorized to proceed with the administration of the estate.