De Bonis (Re)

De Bonis (Re)

The executors were removed because their longstanding dysfunction and deadlock have materially delayed and endangered proper administration of the estates to the detriment of beneficiaries, and Angelo's right of first refusal over the principal asset creates a disabling conflict between his personal interest and his fiduciary duty; appointment of Heritage Trust was necessary and proportionate to protect beneficiaries and effect timely administration; sealing and registry-move requests denied under open court principles.

Citation
2023 BCSC 713
Parties
Applicant Co Executor and Beneficiary: Maria Martini; Respondent Co Executor and Beneficiary: Arcangelo (Angelo) De Bonis; Independent Trustee Appointed: Heritage Trust; Deceased Testator: Irene Amelia De Bonis; Deceased Testator: Vincenzo De Bonis; Interested Party Litigation Guardian for Anna: Public Guardian and Trustee (PGT); Beneficiary (incapacitated): Anna De Bonis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 April 2023
Procedural Posture
Probate and Estate Administration Application to Remove Executors and Appoint Trustee / Application Heard; Reasons for Judgment and Orders Issued (removal and Appointment)
Outcome
Application granted in part and dismissed in part: both co-executors removed and Heritage Trust appointed; sealing order and registry transfer denied (leave to inquire granted).
Legal Topics
Removal of Executor, Appointment of Professional Trustee, Conflict of Interest, Right of First Refusal, Sealing Order and Open Court Principle, Wills Variation (pgt Application)
Source Language
English
Wills and Estates Trusts Fiduciary Law Equity Civil Procedure Tax Implications in Trust Administration Removal of Executor Appointment of Professional Trustee +4 more

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Parties

Maria Martini

Applicant Co Executor and Beneficiary

Arcangelo (Angelo) De Bonis

Respondent Co Executor and Beneficiary

Heritage Trust

Independent Trustee Appointed

Irene Amelia De Bonis

Deceased Testator

Vincenzo De Bonis

Deceased Testator

Public Guardian and Trustee (PGT)

Interested Party Litigation Guardian for Anna

Anna De Bonis

Beneficiary (incapacitated)

Procedural Posture

Probate and Estate Administration Application to Remove Executors and Appoint Trustee / Application Heard; Reasons for Judgment and Orders Issued (removal and Appointment)

Legal Issues

  1. 1 Whether co-executors should be removed for hampering administration due to longstanding deadlock
  2. 2 Whether Angelo has a conflict of interest arising from a right of first refusal over the principal estate asset
  3. 3 Whether the De Bonis Family Trust validity and related tax issues require resolution before administration

Ratio Decidendi

The executors were removed because their longstanding dysfunction and deadlock have materially delayed and endangered proper administration of the estates to the detriment of beneficiaries, and Angelo's right of first refusal over the principal asset creates a disabling conflict between his personal interest and his fiduciary duty; appointment of Heritage Trust was necessary and proportionate to protect beneficiaries and effect timely administration; sealing and registry-move requests denied under open court principles.

Court Disposition

Application granted in part and dismissed in part: both co-executors removed and Heritage Trust appointed; sealing order and registry transfer denied (leave to inquire granted).

Orders

  • Maria Martini and Arcangelo De Bonis removed as co-executors and trustees of the Estates of Irene and Vincenzo De Bonis
  • Heritage Trust appointed as independent trustee to administer both estates on the terms set out in Heritage Trust letter dated March 28, 2022