Koshman Estate (Re)

Koshman Estate (Re)

Tara was removed as executrix because she was in a clear conflict of interest and had endangered the principal asset of the estate by disconnecting heat and failing to insure the Property, had depleted estate liquid assets without adequate accounting or disclosure, and demonstrated inability or unwillingness to perform fiduciary duties; removal and substitution by Karmel and Robert was necessary to protect the beneficiaries and to permit realization and distribution of estate assets.

Citation
2025 BCSC 2193
Parties
Applicant / Beneficiary / Appointed Personal Representative: Karmel Koshman; Respondent / Former Executrix: Tara Koshman; Deceased: David Maxim Koshman; Proposed Co Executor / Appointed Personal Representative: Robert Koshman; Interested Party / Occupant of Property: Andrew Roberts
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 November 2025
Procedural Posture
Application to Remove Executrix / Estate Administration / Reasons for Judgment (application Heard Sept 18, 2025; Judgment Nov 5, 2025)
Outcome
Application granted in part: Tara removed as executrix; Karmel and Robert appointed co-executors; ancillary orders granted
Legal Topics
Removal of Executor, Fiduciary Duty of Trustee/executor, Accounting and Passing of Accounts, Occupational Rent and Possession, Appointment of Substitute Personal Representative, Costs
Source Language
English
Wills and Estates Trusts Probate Property Law Civil Procedure Removal of Executor Fiduciary Duty of Trustee/executor Accounting and Passing of Accounts +3 more

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Parties

Karmel Koshman

Applicant / Beneficiary / Appointed Personal Representative

Tara Koshman

Respondent / Former Executrix

David Maxim Koshman

Deceased

Robert Koshman

Proposed Co Executor / Appointed Personal Representative

Andrew Roberts

Interested Party / Occupant of Property

Procedural Posture

Application to Remove Executrix / Estate Administration / Reasons for Judgment (application Heard Sept 18, 2025; Judgment Nov 5, 2025)

Legal Issues

  1. 1 Whether the executrix (Tara) is in conflict of interest with the estate
  2. 2 Whether the executrix has endangered estate property by her conduct (disconnection of heat, lack of insurance, depletion of liquid assets)
  3. 3 Whether the executrix has failed to account and provide records as required by law

Ratio Decidendi

Tara was removed as executrix because she was in a clear conflict of interest and had endangered the principal asset of the estate by disconnecting heat and failing to insure the Property, had depleted estate liquid assets without adequate accounting or disclosure, and demonstrated inability or unwillingness to perform fiduciary duties; removal and substitution by Karmel and Robert was necessary to protect the beneficiaries and to permit realization and distribution of estate assets.

Court Disposition

Application granted in part: Tara removed as executrix; Karmel and Robert appointed co-executors; ancillary orders granted

Orders

  • Tara Koshman is removed as executrix of the will of David Maxim Koshman effective immediately
  • All assets, real and personal, of the Estate vest in Karmel Koshman and Robert Koshman as personal representatives of the Estate