What are the consequences of an administrator's failure to address outstanding legal obligations in a Will?
British Columbia, Canada
The following excerpt is from Deutschmann (Guardian ad litem of) v. Fallis, 2010 BCSC 952 (CanLII):
Finally, both under the terms of the Will which I have described and as a general legal proposition, the residue of an estate is not to be paid out until its various outstanding obligations are addressed. Those expenses include reasonable costs, including legal fees, which the Administrators are required to incur. In Jackson v. King, 2003 BCSC 328, 49 E.T.R. (2d) 19, Burnyeat J. said:
"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
Does a solicitor have a fiduciary obligation to the client in order to meet the obligations incurred by the client while providing legal services? (British Columbia, Canada)
What is the test for meeting the legal obligations of a deceased person's moral obligations? (British Columbia, Canada)
What is the legal obligation of a doctor to provide a patient with sufficient information about a proposed treatment or procedure? (British Columbia, Canada)
What is the legal background to s. 71 of the Legal Profession Act? (British Columbia, Canada)
What is a strata's obligation to address discriminatory barriers faced by its owners? (British Columbia, Canada)
What is the legal test for a failure to explain the reasons of a tribunal's decision? (British Columbia, Canada)
What is the consequence of a mortgagee’s failure to pay interest on a mortgage? (British Columbia, Canada)
What is the legal test for terminating a contract where a party elects to treat a breach as discharging him from his obligations? (British Columbia, Canada)
What are the consequences of a failure to comply with the Rules of Civil Procedure? (British Columbia, Canada)
Can a formal offer to settle be sent to an email address rather than the formal address for delivery? (British Columbia, Canada)
