Burke v. Burke, 2019 BCSC 383
| Jurisdiction | British Columbia |
| Judge | Honourable Mr. Justice Milman |
| Docket Number | S1810195 |
| Court | Supreme Court of British Columbia (Canada) |
| Date | 20 March 2019 |
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9 practice notes
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When Will The Court Remove An Executor? Two Recent Decisions From The Supreme Court Of British Columbia
...when it is appropriate to remove an executor of an estate: Nieweler Estate (Re) 2019 BCSC 401 ("Nieweler Estate") and Burke v Burke 2019 BCSC 383 The Court is generally deferential to a testator's choice for an executor. However, the Court will remove an executor if it believes there are go......
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Carpino v. Carpino,
...estate trustee's acts or omissions must be of such a nature as to endanger the administration of the trust. See also Burke v. Burke, 2019 BCSC 383 at para. [52] In addition, “not every actual or perceived conflict should lead to disqualificati......
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Hoggan v. Silvey,
...nature as to endanger the administration of the trust. See Parker v. Thompson (Trustee), 2014 BCSC 1916 at para. 37; Burke v. Burke, 2019 BCSC 383 at para. [16] Each case will turn on its facts and not every actual or perceived conflict of inte......
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Haynes Estate (Re),
...pass over, or remove an executor where the court is satisfied that the executor is in an impermissible conflict: see Burke v. Burke, 2019 BCSC 383 [Burke], at paras. 32 to 33, citing Re Becker, 1986 CanLII 2596 (O.N.S.C.) and Thomasson Estate (Re). The court can also exercise its authority ......
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8 cases
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Carpino v. Carpino,
...estate trustee's acts or omissions must be of such a nature as to endanger the administration of the trust. See also Burke v. Burke, 2019 BCSC 383 at para. [52] In addition, “not every actual or perceived conflict should lead to disqualificati......
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Hoggan v. Silvey,
...nature as to endanger the administration of the trust. See Parker v. Thompson (Trustee), 2014 BCSC 1916 at para. 37; Burke v. Burke, 2019 BCSC 383 at para. [16] Each case will turn on its facts and not every actual or perceived conflict of inte......
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Haynes Estate (Re),
...pass over, or remove an executor where the court is satisfied that the executor is in an impermissible conflict: see Burke v. Burke, 2019 BCSC 383 [Burke], at paras. 32 to 33, citing Re Becker, 1986 CanLII 2596 (O.N.S.C.) and Thomasson Estate (Re). The court can also exercise its authority ......
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2023 BCSC 713,
...of the estate. 59 The Court's main consideration is the welfare of the beneficiaries: Parker at para. 37; Burke v. Burke, 2019 BCSC 383 at para. 29. It is not the interests of a particular beneficiary that are to be considered, but rather the benefit of the beneficiaries collectively: ......
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1 firm's commentaries
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When Will The Court Remove An Executor? Two Recent Decisions From The Supreme Court Of British Columbia
...when it is appropriate to remove an executor of an estate: Nieweler Estate (Re) 2019 BCSC 401 ("Nieweler Estate") and Burke v Burke 2019 BCSC 383 The Court is generally deferential to a testator's choice for an executor. However, the Court will remove an executor if it believes there are go......