Al-Sabah Estate

Al-Sabah Estate

The grant of letters of administration was revoked because the administrator sent statutory notices to incorrect addresses without sufficient diligence (thus failing to comply with WESA notice requirements) and failed to disclose material adverse litigation and prior unsuccessful attempts to obtain representation, undermining confidence in her appointment; the court therefore exercised its discretion under s.158(2) to revoke and under s.159(1) appointed four beneficiaries collectively as substitute representatives.

Citation
2015 BCSC 1781
Parties
Applicants: Hind Salem Homoud Al-Jaber Al-Sabah; Aneesa Homoud Al-Jaber Al-Sabah; Mai Salim Hamoud Al-Jaber Al-Sabah; Shama Baraka Obald Aba Al-Hawaya; Abdullah Salem Homoud Al-Jaber Al-Sabah; Homoud Sabah Salem Al-Homoud Al-Jaber Al-Sabah; Mashael Al-Ahmad Al-Jaber Al-Sabah; Roqaya Sabah Salem Al-Homoud Al-Jaber Al-Sabah; Faisal Sabah Salem Al-Homoud Al-Jaber Al-Sabah; Salem Sabah Salem Al-Homoud Al-Jaber Al-Sabah; Respondent / Administrator (revoked): Sheikha Salem Homood Al-Jaber Al-Sabah; Administrator (named Plaintiff in B.c. Action): Andrew Pinnell; Defendants: Defendants in Vancouver Registry Action S098507
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 September 2015
Procedural Posture
Application to Revoke Letters of Administration (estate/probate) / In Chambers Judgment (revocation and Appointment of Substitute Representatives)
Outcome
Application granted. Letters of administration dated November 12, 2014 revoked; substitute personal representatives appointed (committee of four beneficiaries); costs payable by the estate; other procedural relief granted.
Legal Topics
Revocation of Letters of Administration, Service and Notice Requirements, Appointment of Substitute Personal Representative, Disclosure Obligations to Court, Removal of Administrator
Source Language
English
Wills and Estates Probate Civil Procedure Fiduciary Duties Revocation of Letters of Administration Service and Notice Requirements Appointment of Substitute Personal Representative Disclosure Obligations to Court +1 more

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Parties

Hind Salem Homoud Al-Jaber Al-Sabah; Aneesa Homoud Al-Jaber Al-Sabah; Mai Salim Hamoud Al-Jaber Al-Sabah; Shama Baraka Obald Aba Al-Hawaya; Abdullah Salem Homoud Al-Jaber Al-Sabah; Homoud Sabah Salem Al-Homoud Al-Jaber Al-Sabah; Mashael Al-Ahmad Al-Jaber Al-Sabah; Roqaya Sabah Salem Al-Homoud Al-Jaber Al-Sabah; Faisal Sabah Salem Al-Homoud Al-Jaber Al-Sabah; Salem Sabah Salem Al-Homoud Al-Jaber Al-Sabah

Applicants

Sheikha Salem Homood Al-Jaber Al-Sabah

Respondent / Administrator (revoked)

Andrew Pinnell

Administrator (named Plaintiff in B.c. Action)

Defendants in Vancouver Registry Action S098507

Defendants

Procedural Posture

Application to Revoke Letters of Administration (estate/probate) / In Chambers Judgment (revocation and Appointment of Substitute Representatives)

Legal Issues

  1. 1 Whether the grant of letters of administration should be revoked for failure to give required 21 day notice under WESA and Supreme Court Civil Rules
  2. 2 Whether the administrator failed to disclose material litigation and prior unsuccessful attempts to obtain authority in other jurisdictions
  3. 3 Whether the administrator was acting in the best interests of the estate and whether removal is warranted under s.158(2) WESA

Ratio Decidendi

The grant of letters of administration was revoked because the administrator sent statutory notices to incorrect addresses without sufficient diligence (thus failing to comply with WESA notice requirements) and failed to disclose material adverse litigation and prior unsuccessful attempts to obtain representation, undermining confidence in her appointment; the court therefore exercised its discretion under s.158(2) to revoke and under s.159(1) appointed four beneficiaries collectively as substitute representatives.

Court Disposition

Application granted. Letters of administration dated November 12, 2014 revoked; substitute personal representatives appointed (committee of four beneficiaries); costs payable by the estate; other procedural relief granted.

Orders

  • Revocation of letters of administration dated November 12, 2014
  • Appointment of Abdullah Salem Hamoud Al-Jaber Al-Sabah, Hamad Salem Hamoud Al-Jaber Al-Sabah, Hind Salem Hamoud Al-Jaber Al-Sabah and Mai Salem Hamoud Al-Jaber Al-Sabah collectively as substitute personal representatives