Does the principle of estoppel apply to deny an executrix the defence of the limitation period if the executrix has not delivered the notice of application for probate?
British Columbia, Canada
The following excerpt is from Thompson v. Todesco, 2009 BCSC 1748 (CanLII):
The decision of Bracken J. in Desbiens v. Smith Estate, [2008] B.C.J. No. 1003; 2008 BCSC 696; 41 E.T.R. (3d) 88, is decisive that the principle of estoppel can apply to deny an executrix the defence of the limitation period if a beneficiary has not been delivered the notice of application for probate.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the principles applicable to an argument of estoppel in respect of limitation defence? (British Columbia, Canada)
What are the factors to take into account on an application for leave to file a third party notice outside the 42-day limitation period? (British Columbia, Canada)
Is estoppel permitted to be used to extend or postpone the limitation period contained in the Limitation Act? (British Columbia, Canada)
What is the difference between a Probate Application and a Probation Application? (British Columbia, Canada)
Does the defence have to be limited in its defence in the defence or preparation for trial? (British Columbia, Canada)
Can an application to dismiss a claim as time barred by the operation of a statutory limitation period be properly brought? (British Columbia, Canada)
What is the limitation period applicable to a class action? (British Columbia, Canada)
What is the applicable notice period for a plaintiff in his claim for aggravated damages? (British Columbia, Canada)
What is the relevant delay for a renewal application brought after the period when the Writ (or Notice of Claim) has expired? (British Columbia, Canada)
What is the basis for the Improvement District of B.C. to rely upon the principle upon which it relies on the principle of proprietary estoppel? (British Columbia, Canada)
