Kirouac Estate

Kirouac Estate

The court passed over Cecile because undisputed evidence showed personal access by Cecile to the deceased's funds, failure to account for or investigate suspicious transactions (including substantial transfers from a line of credit and survivorship of a joint investment account giving rise to a presumption of...

Source-derived case information.

Citation
2024 BCSC 1119
Parties
Applicant Beneficiary and Alternate Executor: Suzanne Kirouac; Respondent Named Executor and Trustee: Cecile Kirouac; Deceased: Denise Eugenie Marie Kirouac; Interested Party Notice of Dispute and Variation Claimant: Richard Kirouac; Interested Party Notice of Dispute and Variation Claimant: Jacqueline Blonarowitz; Interested Party Notice of Dispute: Alexandria Kirouac; Beneficiary Under Will: Katelyn Ann Kirouac
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 June 2024
Procedural Posture
Application Under S.158 Wills, Estates and Succession Act (pass Over Executor) and Consequential Appointment Under S.159 / In Chambers Application Heard April 26, 2024; Reasons for Judgment Issued June 26, 2024
Outcome
Application allowed in part: Cecile Kirouac passed over as executor and trustee; Suzanne Kirouac appointed executor; costs awarded to Suzanne at Scale B payable by Cecile
Legal Topics
Removal/passing Over of Executor, Conflict of Interest, Resulting Trust and Joint Accounts, Endangerment of Estate Property, Costs and Indemnity
Source Language
english
Wills and Estates Probate Trusts Civil Procedure Removal/passing Over of Executor Conflict of Interest Resulting Trust and Joint Accounts Endangerment of Estate Property +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Suzanne Kirouac

Applicant Beneficiary and Alternate Executor

Cecile Kirouac

Respondent Named Executor and Trustee

Denise Eugenie Marie Kirouac

Deceased

Richard Kirouac

Interested Party Notice of Dispute and Variation Claimant

Jacqueline Blonarowitz

Interested Party Notice of Dispute and Variation Claimant

Alexandria Kirouac

Interested Party Notice of Dispute

Katelyn Ann Kirouac

Beneficiary Under Will

Procedural Posture

Application Under S.158 Wills, Estates and Succession Act (pass Over Executor) and Consequential Appointment Under S.159 / In Chambers Application Heard April 26, 2024; Reasons for Judgment Issued June 26, 2024

Legal Issues

  1. 1 Whether Cecile should be passed over as executor under s.158 WESA
  2. 2 Whether undisputed facts evidence a conflict of interest or endangerment of estate assets
  3. 3 Whether Suzanne is a suitable replacement executor under s.159 WESA

Ratio Decidendi

The court passed over Cecile because undisputed evidence showed personal access by Cecile to the deceased's funds, failure to account for or investigate suspicious transactions (including substantial transfers from a line of credit and survivorship of a joint investment account giving rise to a presumption of resulting trust), and permitting occupancy that endangered estate property; those facts established a conflict of interest and potential endangerment of estate assets sufficient under s.158 WESA to remove her and, pursuant to s.159 WESA and the testator's appointment of Suzanne as alternate, appoint Suzanne as executor. Costs follow the event and special costs were not warranted;...

Court Disposition

Application allowed in part: Cecile Kirouac passed over as executor and trustee; Suzanne Kirouac appointed executor; costs awarded to Suzanne at Scale B payable by Cecile

Orders

  • Cecile Kirouac is passed over and removed as executor and trustee of the estate of Denise Eugenie Marie Kirouac
  • Suzanne Kirouac is appointed executor of the estate of Denise Eugenie Marie Kirouac pursuant to s.159 WESA