Lyne Estate (Re)

Lyne Estate (Re)

Respondent was removed because she failed to account for estate assets and a significant liability (PPSA notice), advanced a conflicted position concerning a one‑third interest in 655 Fraser without obtaining legal advice, and her omissions combined with animosity between parties endangered efficient administration; under WESA ss.158–159, Trustee Act s.30 and the court's inherent jurisdiction a substitute (Jerimiah Jason Lyne) was appointed and all estate assets vested in him, with directions for surrender of grant and passing of accounts.

Citation
2021 BCSC 2692
Parties
Applicant/beneficiary: Kerry Layton; Respondent/administrator and Trustee (removed): Patricia May Lyne; Deceased: Margaret Lyne; Proposed Substitute Administrator and Trustee (appointed): Jerimiah Jason Lyne; Co‑beneficiary: Anna Leigh Arnett
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 June 2021
Procedural Posture
Estate Administration — Application to Remove Administrator and Trustee / Application Heard; Oral Reasons and Final Judgment (removal and Substitution Ordered)
Outcome
Application granted in part: respondent removed as administrator and trustee; substitute appointed and assets vested; costs awarded to applicant with limited costs to respondent for prior administration.
Legal Topics
Removal of Executor/trustee, Probate, Conflict of Interest, Accounting and Disclosure, Vesting of Estate Assets, Beneficiary Disputes
Source Language
English
Wills and Estates Trusts Civil Procedure Removal of Executor/trustee Probate Conflict of Interest Accounting and Disclosure Vesting of Estate Assets +1 more

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Parties

Kerry Layton

Applicant/beneficiary

Patricia May Lyne

Respondent/administrator and Trustee (removed)

Margaret Lyne

Deceased

Jerimiah Jason Lyne

Proposed Substitute Administrator and Trustee (appointed)

Anna Leigh Arnett

Co‑beneficiary

Procedural Posture

Estate Administration — Application to Remove Administrator and Trustee / Application Heard; Oral Reasons and Final Judgment (removal and Substitution Ordered)

Legal Issues

  1. 1 Whether the respondent should be removed as administrator and trustee under the will
  2. 2 Whether the respondent failed to disclose and account for estate assets and liabilities
  3. 3 Whether the respondent has a disqualifying conflict of interest in relation to 655 Fraser

Ratio Decidendi

Respondent was removed because she failed to account for estate assets and a significant liability (PPSA notice), advanced a conflicted position concerning a one‑third interest in 655 Fraser without obtaining legal advice, and her omissions combined with animosity between parties endangered efficient administration; under WESA ss.158–159, Trustee Act s.30 and the court's inherent jurisdiction a substitute (Jerimiah Jason Lyne) was appointed and all estate assets vested in him, with directions for surrender of grant and passing of accounts.

Court Disposition

Application granted in part: respondent removed as administrator and trustee; substitute appointed and assets vested; costs awarded to applicant with limited costs to respondent for prior administration.

Orders

  • Respondent Patricia May Lyne is removed as administrator and trustee under the last will of Margaret Lyne
  • Jerimiah Jason (Jason) Lyne is appointed as administrator and trustee in substitution for Patricia May Lyne