Re: Estate of Andre Jacques Blitz, Deceased

Re: Estate of Andre Jacques Blitz, Deceased

The application to cancel the caveat, pass over Anita Gans as executrix and to appoint BKHG or Stephen Barnes was refused because the applicant did not demonstrate that Gans's appointment would endanger the beneficiaries or that she lacked honesty, capacity or fidelity; potential conflicts were insufficient to displace the testator's choice; appointment of BKHG/Barnes raised its own conflicts and onerous conditions detrimental to the estate.

Citation
2000 BCSC 1596
Parties
Deceased/testator: Andre Jacques Blitz; Applicant/son and Proposed Administrator: Maurice Blitz; Named Executrix/respondent: Anita Gans; Respondent/spouse in Matrimonial Action: Maud Blitz; Proposed Administrator With Will Annexed (bkhg): Barnes, Kissack, Henfrey & George cba MacKay and Partners Ltd.; Proposed Administrator/trustee in Bankruptcy: Stephen H. Barnes
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
31 October 2000
Procedural Posture
Estate Administration (probate Application) / Application for Grant of Letters Probate, Cancellation of Caveat and Appointment of Administrator; Decision on August 10, 2000
Outcome
Application refused in all respects.
Legal Topics
Appointment of Executor, Removal/passing Over of Executor, Administrator Ad Colligenda Bona, Caveat Cancellation, Conflict of Interest, Preservation of Estate Assets, Forum for Foreign Asset Inquiries
Source Language
English
Estate Law Probate Trusts Matrimonial Law Civil Procedure Appointment of Executor Removal/passing Over of Executor Administrator Ad Colligenda Bona +4 more

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Parties

Andre Jacques Blitz

Deceased/testator

Maurice Blitz

Applicant/son and Proposed Administrator

Anita Gans

Named Executrix/respondent

Maud Blitz

Respondent/spouse in Matrimonial Action

Barnes, Kissack, Henfrey & George cba MacKay and Partners Ltd.

Proposed Administrator With Will Annexed (bkhg)

Stephen H. Barnes

Proposed Administrator/trustee in Bankruptcy

Procedural Posture

Estate Administration (probate Application) / Application for Grant of Letters Probate, Cancellation of Caveat and Appointment of Administrator; Decision on August 10, 2000

Legal Issues

  1. 1 Whether the named executrix Anita Gans should be passed over and BKHG or Stephen Barnes appointed as Administrator with Will Annexed or as administrator ad colligenda bona/ad litem
  2. 2 Whether the caveat filed by Ms. Gans is an abuse of process and should be cancelled under Rule 19(24)
  3. 3 Whether the proposed appointees have conflicts of interest that would impede proper administration or representation of the estate in ongoing matrimonial litigation

Ratio Decidendi

The application to cancel the caveat, pass over Anita Gans as executrix and to appoint BKHG or Stephen Barnes was refused because the applicant did not demonstrate that Gans's appointment would endanger the beneficiaries or that she lacked honesty, capacity or fidelity; potential conflicts were insufficient to displace the testator's choice; appointment of BKHG/Barnes raised its own conflicts and onerous conditions detrimental to the estate.

Court Disposition

Application refused in all respects.

Orders

  • Application to cancel caveat and pass over Anita Gans refused
  • Application to appoint Barnes, Kissack, Henfrey & George (BKHG) as Administrator with Will Annexed refused