In what circumstances have executors been found to have breached trust by accepting a lower offer to purchase a property from a third party?

British Columbia, Canada


The following excerpt is from McShane v. Eusanio, 2011 BCSC 553 (CanLII):

In Graham v. Yeomans, the executors under a Will had sold property forming part of the estate at a price which was less than other offers to purchase which the executors knew had been made to the widow of the testator. Having been so informed by the widow, the executors went ahead and accepted a lower offer to purchase the property, without communicating with the other potential purchasers and without advertising the property for sale. That conduct was held to be negligent and in breach of trust.

Other Questions


Does a resulting trust arise when title to property is in one party's name but that party gave no value for the property? (British Columbia, Canada)
Can a resulting trust arise when title to property is in one party's name but that party is a fiduciary or gave no value for the property? (British Columbia, Canada)
Can beneficiaries of a trust terminate the trust and have the trust property transferred to them? (British Columbia, Canada)
Does a purchaser have a right to resile from a contract of purchase and sale if the purchaser fails to complete the purchase at the agreed price? (British Columbia, Canada)
Is there any case law where a party has been awarded double costs for failing to accept an offer that should have been accepted? (British Columbia, Canada)
Can a realtor who breached his fiduciary duty by negotiating his own purchase without informing the realtor of an alternative offer be held constructive trust? (British Columbia, Canada)
Can a stranger to a trust be found liable for knowingly participating in a fraudulent breach of trust? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
Does the operation of the title to defeat the claim of a resulting trust or constructive trust as against a third party? (British Columbia, Canada)
Does the law presumes a resulting trust where one party pays the full purchase price but title is placed in the name of another party? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.