Kajaks Estate

Kajaks Estate

Contempt dismissed because the January 21, 2015 order did not specify a time for payment and the executor ultimately complied; removal ordered because extensive unexplained delay, failure to disclose material assets at probate, solicitation to vary the will to benefit the executor's children, and use of releases to obtain payments demonstrated lack of fidelity and a real risk that the executor would not properly or diligently administer the estate, justifying removal under s.158(3) WESA and appointment of the alternate executor to protect beneficiaries.

Citation
2016 BCSC 651
Parties
Applicant/alternate Executor: Gaston Kayaks; Co Applicant: Rainer Kayaks; Respondent/executor and Trustee: Eric Savics; Deceased: Vilnis Voldemars Kajaks, Deceased
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 February 2016
Procedural Posture
Estate Application for Contempt and Removal of Executor / Oral Reasons for Judgment (in Chambers)
Outcome
Contempt application dismissed; application to remove executor granted; executor Eric Savics removed and replaced by alternate executor Gaston Kayaks; matter remitted for directions to effect prompt winding up and for submissions on costs.
Legal Topics
Removal of Executor, Interim Distribution, Passing of Accounts, Fiduciary Duty, Failure to Disclose Assets
Source Language
English
Wills and Estates Trusts and Trustees Contempt of Court Probate Removal of Executor Interim Distribution Passing of Accounts Fiduciary Duty +1 more

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Parties

Gaston Kayaks

Applicant/alternate Executor

Rainer Kayaks

Co Applicant

Eric Savics

Respondent/executor and Trustee

Vilnis Voldemars Kajaks, Deceased

Deceased

Procedural Posture

Estate Application for Contempt and Removal of Executor / Oral Reasons for Judgment (in Chambers)

Legal Issues

  1. 1 Whether executor Eric Savics was in civil contempt for failing to make interim distributions under the January 21, 2015 order of Madam Justice Russell
  2. 2 Whether Eric Savics should be removed as executor under s.158(3) WESA for delay, lack of fidelity, dishonesty or conduct hampering administration

Ratio Decidendi

Contempt dismissed because the January 21, 2015 order did not specify a time for payment and the executor ultimately complied; removal ordered because extensive unexplained delay, failure to disclose material assets at probate, solicitation to vary the will to benefit the executor's children, and use of releases to obtain payments demonstrated lack of fidelity and a real risk that the executor would not properly or diligently administer the estate, justifying removal under s.158(3) WESA and appointment of the alternate executor to protect beneficiaries.

Court Disposition

Contempt application dismissed; application to remove executor granted; executor Eric Savics removed and replaced by alternate executor Gaston Kayaks; matter remitted for directions to effect prompt winding up and for submissions on costs.

Orders

  • Contempt application dismissed
  • Order removing Eric Savics as executor and trustee of the estate of Vilnis Voldemars Kajaks