Thomson Estate (Re)

Thomson Estate (Re)

The respondent created both a serious perceived conflict by claiming an unregistered beneficial interest in estate property (the 6% Agreement and receipt of sale proceeds) and an actual conflict by defending both himself and the estate in ongoing litigation; those conflicts create a real danger to estate value and hamper administration, warranting his removal under WESA ss.158-159 and appointment of the alternate as substitute personal representative.

Citation
2026 BCSC 106
Parties
Applicant (alternate Personal Representative): Karmen Spendiff; Respondent (personal Representative and Trustee): Clayton Thomson; Deceased: Emily Maria Thomson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 January 2026
Procedural Posture
Application to Remove Personal Representative Under WESA / Final Judgment on Application Hearing (reasons for Judgment)
Outcome
Respondent removed as personal representative and trustee of the Estate; applicant appointed as substitute personal representative
Legal Topics
Removal of Executor/personal Representative, Conflict of Interest, Probate, Estate Administration, Disclosure and Accounting, Undue Influence/alleged Backdating
Source Language
English
Wills and Estates Trusts Civil Procedure Removal of Executor/personal Representative Conflict of Interest Probate Estate Administration Disclosure and Accounting +1 more

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Parties

Karmen Spendiff

Applicant (alternate Personal Representative)

Clayton Thomson

Respondent (personal Representative and Trustee)

Emily Maria Thomson

Deceased

Procedural Posture

Application to Remove Personal Representative Under WESA / Final Judgment on Application Hearing (reasons for Judgment)

Legal Issues

  1. 1 Whether the respondent is in conflict because of the 6% Agreement and related receipt of sale proceeds
  2. 2 Whether the respondent is in conflict because he is sole defendant and sole personal representative in related Resort Purchase Litigation
  3. 3 Whether the court should remove the respondent as personal representative and appoint the alternate

Ratio Decidendi

The respondent created both a serious perceived conflict by claiming an unregistered beneficial interest in estate property (the 6% Agreement and receipt of sale proceeds) and an actual conflict by defending both himself and the estate in ongoing litigation; those conflicts create a real danger to estate value and hamper administration, warranting his removal under WESA ss.158-159 and appointment of the alternate as substitute personal representative.

Court Disposition

Respondent removed as personal representative and trustee of the Estate; applicant appointed as substitute personal representative

Orders

  • Respondent removed as personal representative and trustee of the Estate of Emily Maria Thomson
  • Applicant, Karmen Spendiff, appointed as substitute personal representative and trustee (consent implied)