In The Matter of the Estate of Jean Maureen Dahle, Deceased

In The Matter of the Estate of Jean Maureen Dahle, Deceased

Neither Tim nor Martin's conduct met the threshold for removal (no endangerment of trust property, no demonstrated want of honesty or incapacity); beneficiaries' welfare and efficient finalization of administration required appointment of a neutral professional third-party trust company as additional...

Source-derived case information.

Citation
2021 BCSC 718
Parties
Deceased: Jean Maureen Dahle; Applicant / Co Executor and Co Trustee: Martin Dahle; Applicant / Co Executor and Co Trustee: Timothy (Tim) Dahle; Intervener / Interested Party: Public Guardian and Trustee of British Columbia
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 April 2021
Procedural Posture
Estate Administration / Will and Trust Applications / Application Hearing and Judgment on Removal of Co Executors and Appointment of Additional Executor/trustee (2021 BCSC 718)
Outcome
Applications to remove the other co-executor/co-trustee are dismissed; a professional third-party trust company to be added as co-executor and co-trustee of the estate
Legal Topics
Removal of Executor, Appointment of Trustee, Fiduciary Duties, Inherent Jurisdiction, Costs
Source Language
english
Wills and Estates Trusts Estate Administration Civil Procedure Removal of Executor Appointment of Trustee Fiduciary Duties Inherent Jurisdiction +1 more

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Parties

Jean Maureen Dahle

Deceased

Martin Dahle

Applicant / Co Executor and Co Trustee

Timothy (Tim) Dahle

Applicant / Co Executor and Co Trustee

Public Guardian and Trustee of British Columbia

Intervener / Interested Party

Procedural Posture

Estate Administration / Will and Trust Applications / Application Hearing and Judgment on Removal of Co Executors and Appointment of Additional Executor/trustee (2021 BCSC 718)

Legal Issues

  1. 1 Whether either co-executor/co-trustee (Tim or Martin) should be removed under WESA s.158
  2. 2 Whether the Court should appoint an additional executor/trustee under Trustee Act s.31 or inherent jurisdiction
  3. 3 Whether the conduct of either co-executor endangered trust property or showed want of honesty, capacity or fidelity

Ratio Decidendi

Neither Tim nor Martin's conduct met the threshold for removal (no endangerment of trust property, no demonstrated want of honesty or incapacity); beneficiaries' welfare and efficient finalization of administration required appointment of a neutral professional third-party trust company as additional co-executor/co-trustee with majority decision-making power, including ability of the professional trustee to decide alone when necessary.

Court Disposition

Applications to remove the other co-executor/co-trustee are dismissed; a professional third-party trust company to be added as co-executor and co-trustee of the estate

Orders

  • Applications by Tim and Martin to remove the other as executor and trustee dismissed
  • Appoint a professional third-party trust company as additional co-executor and co-trustee of the estate