Marshall Estate

Marshall Estate

Because no proceeding to challenge or modify the will had been commenced or was pending, administration pendente lite was not available; the appropriate remedy was an order for administration with will annexed appointing Earl Jardine as administrator with directions limiting disposition, discharging Kenneth Marshall...

Source-derived case information.

Citation
2003 BCSC 751
Parties
Estate: Estate of Walter John Marshall, Deceased; Caveator / Interested Party: Holly Toole; Beneficiaries: Miscellaneous Beneficiaries; Renounced Executor / Interested Party: Kenneth Marshall
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 May 2003
Procedural Posture
Probate and Estate Administration / Application for Administration (chambers)
Outcome
Order for administration with will annexed granted
Legal Topics
Will Validity, Administration With Will Annexed, Administration Pendente Lite, Caveat, Wills Variation Act Limitation
Source Language
english
Probate Wills Estate Administration Civil Procedure Will Validity Administration With Will Annexed Administration Pendente Lite Caveat +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Estate of Walter John Marshall, Deceased

Estate

Holly Toole

Caveator / Interested Party

Miscellaneous Beneficiaries

Beneficiaries

Kenneth Marshall

Renounced Executor / Interested Party

Procedural Posture

Probate and Estate Administration / Application for Administration (chambers)

Legal Issues

  1. 1 Whether administration should be granted with will annexed or pendente lite
  2. 2 Validity of second will due to single witness under s.4(c) of the Wills Act
  3. 3 Effect of no commenced proceeding on availability of pendente lite administration

Ratio Decidendi

Because no proceeding to challenge or modify the will had been commenced or was pending, administration pendente lite was not available; the appropriate remedy was an order for administration with will annexed appointing Earl Jardine as administrator with directions limiting disposition, discharging Kenneth Marshall as executor and permitting reimbursement of his out of pocket expenses with liberty to apply.

Court Disposition

Order for administration with will annexed granted

Orders

  • Earl Jardine appointed as administrator with will annexed
  • Kenneth Marshall discharged as executor