Dirnberger Estate

Dirnberger Estate

The executor, Madeson Chase, was removed because he demonstrated an inability to perform the straightforward duties of administration (lack of practical capacity) and a want of reasonable fidelity evidenced by prolonged delay, failure to retain and maintain appropriate professional advisors, intransigence and sustained hostility to a co-beneficiary; however, denial of any entitlement to remuneration and ordering repayment of disputed expenses was refused without adjudication of those claims.

Citation
2016 BCSC 439
Parties
Applicant (alternate Executor and Beneficiary): Sonja Dirnberger; Respondent (executor and Beneficiary): Madeson Chase; Decedent Estate: Estate of Ludwig Dirnberger
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 March 2016
Procedural Posture
Estate Administration Application to Remove Executor and Related Relief / Reasons for Judgment (final Decision on Application)
Outcome
Application granted in part: Madeson Chase removed as executor and Sonja Dirnberger substituted; other relief including summary denial of remuneration and repayment of disputed expenses refused pending adjudication.
Legal Topics
Removal of Executor, Passing of Accounts, Executor Remuneration, Trustee Removal, Costs
Source Language
English
Trusts and Estates Probate Civil Procedure Removal of Executor Passing of Accounts Executor Remuneration Trustee Removal Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Sonja Dirnberger

Applicant (alternate Executor and Beneficiary)

Madeson Chase

Respondent (executor and Beneficiary)

Estate of Ludwig Dirnberger

Decedent Estate

Procedural Posture

Estate Administration Application to Remove Executor and Related Relief / Reasons for Judgment (final Decision on Application)

Legal Issues

  1. 1 Whether executor Madeson Chase should be removed from office
  2. 2 Whether Mr. Chase is entitled to claim remuneration from the estate
  3. 3 Whether Mr. Chase must repay disputed expenses/disbursements

Ratio Decidendi

The executor, Madeson Chase, was removed because he demonstrated an inability to perform the straightforward duties of administration (lack of practical capacity) and a want of reasonable fidelity evidenced by prolonged delay, failure to retain and maintain appropriate professional advisors, intransigence and sustained hostility to a co-beneficiary; however, denial of any entitlement to remuneration and ordering repayment of disputed expenses was refused without adjudication of those claims.

Court Disposition

Application granted in part: Madeson Chase removed as executor and Sonja Dirnberger substituted; other relief including summary denial of remuneration and repayment of disputed expenses refused pending adjudication.

Orders

  • Remove Madeson Chase as executor of the will of Ludwig Dirnberger.
  • Substitute Sonja Dirnberger as executor of the will of Ludwig Dirnberger.