All posts in the ‘Estate Administration’ category

Executor Granted Disclosure of Legal Advice Given to Deceased Will-maker

Solicitor-client privilege is a legal principle that protects, or “privileges”, communications that involve the provision of legal advice between a lawyer and their client, and requires the lawyer to hold the content of those communications strictly confidential. Unless one of the narrow exceptions to the rule applies, only the  client has the right to divulge… View this post »

The Even-Hand Rule

If you are acting as an executor, it is important to remember the even-hand rule: unless the Will says otherwise, the executor must treat all of the beneficiaries equally (i.e. with an even hand). The even-hand rule is not always straightforward because different beneficiaries may receive different interests in the estate.  Consider a case where… View this post »

Court Removes “Ill-Mannered” Administrator, Sanctions Him With Special Costs

While BC Courts have the power to remove executors and administrators, it is rarely exercised.  Our Courts have held that “not every act of misconduct should result in removal”.  You may wonder, then, what misconduct would result in removal of an executor or administrator?  The BC Supreme Court answered this question last Friday, in the… View this post »