Nieweler Estate (Re), 2019 BCSC 401

JurisdictionBritish Columbia
JudgeHonourable Mr. Justice Myers
Citation2019 BCSC 401
Docket NumberP181879
CourtSupreme Court of British Columbia (Canada)
Date15 January 2019
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3 practice notes
  • When Will The Court Remove An Executor? Two Recent Decisions From The Supreme Court Of British Columbia
    • Canada
    • Mondaq Canada
    • June 21, 2019
    ...Supreme Court decisions required the Court to determine 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 C......
  • In The Matter of the Estate of Jean Maureen Dahle, Deceased,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 19, 2021
    ...determining whether it is reasonable for them to be expected to carry out their duties effectively and efficiently: Nieweler Estate (Re), 2019 BCSC 401 at para. 29 [Nieweler]. To this I would add that it is relevant to consider whether the animosity is such that the duties could not be carr......
  • Kara Estate (Re),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 13, 2022
    ...despite being the named trustee for her estate. [25]       As noted by Myers J. in Nieweler Estate (Re), 2019 BCSC 401 [31]  The main guide in exercising the Court’s discretion to remove trustees is the welfare of the beneficiaries: Letterstedt at 3......
2 cases
  • In The Matter of the Estate of Jean Maureen Dahle, Deceased,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 19, 2021
    ...determining whether it is reasonable for them to be expected to carry out their duties effectively and efficiently: Nieweler Estate (Re), 2019 BCSC 401 at para. 29 [Nieweler]. To this I would add that it is relevant to consider whether the animosity is such that the duties could not be carr......
  • Kara Estate (Re),
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 13, 2022
    ...despite being the named trustee for her estate. [25]       As noted by Myers J. in Nieweler Estate (Re), 2019 BCSC 401 [31]  The main guide in exercising the Court’s discretion to remove trustees is the welfare of the beneficiaries: Letterstedt at 3......
1 firm's commentaries

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