Nieweler Estate (Re)

Nieweler Estate (Re)

The court removed Ingrid because her sustained unilateral actions and communications (including misrepresentations to third parties, obstructing sale of the estate's principal asset, changing locks and denying access, unauthorized withdrawals and relocation of records) demonstrated want of reasonable fidelity, endangered estate administration and caused paralysis between co-executors; Stephan's conduct was inappropriate but remedied and did not reach the same level, so he was not removed. The welfare of beneficiaries required removal to allow estate administration to proceed and sale of the View Street property.

Citation
2019 BCSC 401
Parties
Applicant and Co Executor: Ingrid Reid; Applicant and Co Executor: Edward Nieweler; Applicant and Co Executor: Stephan Nieweler; Deceased and Testator: Hermann Josef Nieweler
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 January 2019
Procedural Posture
Estate Administration Application to Remove Co Executor / Oral Reasons for Judgment Following Hearing on Competing Removal Applications
Outcome
Application granted in part: Ingrid removed as co-executor; Stephan and Edward remain as co-executors
Legal Topics
Removal of Executor, Executor Duties, Estate Administration, Unanimous Co Executor Deadlock, Best Interests of Beneficiaries
Source Language
English
Wills and Estates Trusts Fiduciary Duty Company/corporate Law Removal of Executor Executor Duties Estate Administration Unanimous Co Executor Deadlock +1 more

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Parties

Ingrid Reid

Applicant and Co Executor

Edward Nieweler

Applicant and Co Executor

Stephan Nieweler

Applicant and Co Executor

Hermann Josef Nieweler

Deceased and Testator

Procedural Posture

Estate Administration Application to Remove Co Executor / Oral Reasons for Judgment Following Hearing on Competing Removal Applications

Legal Issues

  1. 1 Whether Ingrid's conduct as co-executor justifies removal under WESA/Trustee Act and inherent jurisdiction
  2. 2 Whether Stephan should be removed as co-executor
  3. 3 Effect of absence of a majority clause requiring unanimity among co-executors

Ratio Decidendi

The court removed Ingrid because her sustained unilateral actions and communications (including misrepresentations to third parties, obstructing sale of the estate's principal asset, changing locks and denying access, unauthorized withdrawals and relocation of records) demonstrated want of reasonable fidelity, endangered estate administration and caused paralysis between co-executors; Stephan's conduct was inappropriate but remedied and did not reach the same level, so he was not removed. The welfare of beneficiaries required removal to allow estate administration to proceed and sale of the View Street property.

Court Disposition

Application granted in part: Ingrid removed as co-executor; Stephan and Edward remain as co-executors

Orders

  • Ingrid is removed as executor of the estate of Hermann Josef Nieweler
  • Stephan and Edward to remain as co-executors and proceed with administration and sale of the View Street Property