The Estate of Sally Toby Mintz

The Estate of Sally Toby Mintz

A.B. was found to be incapable of performing the duties of executrix due to health and related incapacity and non-cooperation; removal under Trustee Act s.30 and the court's inherent jurisdiction was necessary to protect the welfare of the beneficiaries and the estate, and to permit transfer of estate property...

Source-derived case information.

Citation
2007 BCSC 1922
Parties
Applicant, Co Executor, Beneficiary: Eric Phillip Mintz; Applicant, Co Executor, Beneficiary: Kenneth Joseph Mintz; Respondent, Co Executor: A.B.; Deceased: Sally Toby Mintz
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 August 2007
Procedural Posture
Estate Administration — Application to Remove an Executor / Chambers Application; Oral Reasons; Interlocutory Order
Outcome
Application granted: A.B. removed as executrix; Eric Phillip Mintz and Kenneth Joseph Mintz to continue as co-executors; transfer of the Ash Street property may be effected without A.B.'s signature; no costs ordered.
Legal Topics
Removal of Executor, Trustee Removal, Probate, Capacity/incompetence, Power of Attorney, Sale of Estate Property
Source Language
english
Trusts and Estates Civil Procedure Capacity Law Removal of Executor Trustee Removal Probate Capacity/incompetence Power of Attorney +1 more

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Parties

Eric Phillip Mintz

Applicant, Co Executor, Beneficiary

Kenneth Joseph Mintz

Applicant, Co Executor, Beneficiary

A.B.

Respondent, Co Executor

Sally Toby Mintz

Deceased

Procedural Posture

Estate Administration — Application to Remove an Executor / Chambers Application; Oral Reasons; Interlocutory Order

Legal Issues

  1. 1 Whether A.B. should be removed as executrix of the estate
  2. 2 Whether the court can effect transfer of estate property without A.B.'s signature
  3. 3 Whether A.B. is incapable of performing executorial duties due to mental health and non-cooperation

Ratio Decidendi

A.B. was found to be incapable of performing the duties of executrix due to health and related incapacity and non-cooperation; removal under Trustee Act s.30 and the court's inherent jurisdiction was necessary to protect the welfare of the beneficiaries and the estate, and to permit transfer of estate property without her signature.

Court Disposition

Application granted: A.B. removed as executrix; Eric Phillip Mintz and Kenneth Joseph Mintz to continue as co-executors; transfer of the Ash Street property may be effected without A.B.'s signature; no costs ordered.

Orders

  • A.B. is removed as executrix of the estate of Sally Toby Mintz, deceased.
  • Eric Phillip Mintz and Kenneth Joseph Mintz shall continue to act as co-executors of the estate.