Canada Case Law

Di Nunzio v. Di Nunzio

Court

Court of Appeal for Ontario

The application judge's factual findings that the testator had testamentary capacity, was not subject to undue influence, and that the will was not surrounded by suspicious circumstances were supported by the record and not open to appellate intervention; however, because the trial judge gave no reasons on public policy for costs, the Court of Appeal reviewed costs afresh and concluded the applicant's costs should not be paid from the estate though her application was not frivolous, so she bears her own costs and the successful respondent's costs are payable from the estate.

Source excerpt

• Testamentary capacity
• Undue influence
• Suspicious circumstances
• Costs payable from estate
• Public policy in estate litigation

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Anderson v. Vranich

Court

Supreme Court of British Columbia

The court declared Maria Vranich incapable and appointed Geraldine Anderson as committee of her person and estate, with asset restrictions and full indemnity costs.

• Appointment of committee of person and estate
• Declaration of incapacity
• Security for patient assets (bond alternatives)
• Restrictions on disposal of property
• Costs payable from estate
• Appointment-of-committee

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Jahanbani v. Mohseni

Court

Supreme Court of British Columbia

The court appointed an independent administrator for limited investigative purposes in an estate dispute, allowed related disclosure orders, and dismissed Ali Enayat’s application.

• Appointment of administrator under s.132 wesa
• Constructive trust
• Executor succession (s.145 wesa)
• Adequacy of pleadings
• Production of estate documents
• Costs payable from estate

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Atlantic Jewish Foundation v. Leventhal Estate

Court

Supreme Court of Nova Scotia

Where an executor, acting in his capacity as personal representative, reasonably incurs legal fees in defending a claim (including a claim for commission) those reasonable fees are payable from the estate; the executor was not so unreasonable as to be disentitled to indemnity and therefore his reasonable appellate fees should be paid from the estate, subject to review and approval of accounts.

Source excerpt

• Executor's commission
• Indemnification of executor
• Costs payable from estate
• Costs of appeal

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