Does an executor breach his or her duty by failing to dispose of a will?
British Columbia, Canada
The following excerpt is from Wade v. Duck, 2018 BCCA 176 (CanLII):
The question of whether an executor has breached his or her duty as described above is one of mixed fact and law, and thus is reviewable on a standard of palpable and overriding error: Housen v. Nikolaisen at para. 36.
"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
Can an executor be unreliable if they fail to produce documents requested by the beneficiaries or ordered by the executor? (British Columbia, Canada)
Can a co-executor be removed from the role of executor if the executor and beneficiary are at odds? (British Columbia, Canada)
What is the evidence that a strata issued a fine for failing to notify an individual of a violation of section 135.17 of the BC Strata Plan by failing to respond to a letter sent to the owner? (British Columbia, Canada)
What are the circumstances in which a defendant has failed to appear at a case management conference and subsequently failed to respond to an order striking his answer? (British Columbia, Canada)
Does a will have to be signed by an executor in order to pass over to the executor of the will? (British Columbia, Canada)
Can a lawyer be suspended or fined for breaches of the Rules of Civil Procedure for failing to inform or advise a client of settlement proposals? (British Columbia, Canada)
Can a strata corporation be held liable for negligence or breach of contract for failing to hire a professional to perform repairs? (British Columbia, Canada)
What is the effect of an injunction restraining the wife from selling, disposing of or voting her shares in a company to effect a sale or disposal of the assets of the company? (British Columbia, Canada)
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)
What constitutes a breach of standard of care by failing to reach a diagnosis in a timely manner? (British Columbia, Canada)
