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Digest of the Week | Bequest to an Executor

Court considers bequest to executor

Elphinstone Estate (Re) | 2017 BCSC 1404 | British Columbia Supreme Court

Estates -- Personal representatives -- Bequest to executor or trustee -- General principles

Deceased died in 2014 leaving will executed in 2008 and codicil executed in 2010 -- Residue of deceased’s estate was divided between 29 beneficiaries -- Estate was valued at $2 million, of which 30 per cent was condominium property -- Two days before death, deceased met with executor and filmed two videos -- Videos bequeathed condominium property to executor, certain medical aids to two other beneficiaries, and added two further residuary beneficiaries -- Two beneficiaries brought application for removal of executor and appointment of substitute; executor brought cross-application for directions -- Application granted; cross-application dismissed -- Significant and disqualifying conflict of interest existed between executor in capacity as executor and trustee of deceased’s estate, and executor’s capacity as beneficiary seeking to enforce for personal financial benefit testamentary variation made two days before death of deceased -- Circumstances required appointment of professional executor and trustee -- Removal of executor made application for directions unnecessary.
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