Thompson v. Thompson Estate, 2005 BCSC 1814

JudgeMelnick, J.
CourtSupreme Court of British Columbia (Canada)
Case DateDecember 12, 2005
JurisdictionBritish Columbia
Citations2005 BCSC 1814;[2005] B.C.T.C. 1814 (SC)

Thompson v. Thompson Estate, [2005] B.C.T.C. 1814 (SC)

MLB headnote and full text

Temp. Cite: [2006] B.C.T.C. TBEd. JA.040

Diana Lynn Thompson, by her Guardian ad Litem The Public Guardian and Trustee (plaintiff) v. Robert Gollan, Executor of the Estate of Arthur Melvin Thompson, aka Arthur M. Thompson, Deceased, Heiderose Thompson. Debra Phillips and Marianne Hart (defendants)

(15511; 2005 BCSC 1814)

Indexed As: Thompson v. Thompson Estate et al.

British Columbia Supreme Court

Cranbrook

Melnick, J.

December 30, 2005.

Summary:

This headnote contains no summary.

Executors and Administrators - Topic 2812

Duties and powers of executors and administrators - Payment of debts (incl. funeral expenses) - Allocation of - See paragraphs 13 to 24.

Counsel:

No one appeared for the plaintiff, Diana Lynn Thompson;

John C. Zimmer, for the defendant, Heiderose Thompson;

Larry G. Schafer, for the defendants, Debra Phillips and Marianne Hart;

No one appeared for the defendant, Robert Gollan.

This application was heard on December 12, 2005, before Melnick, J., of the British Columbia Supreme Court, who delivered the following decision on December 30, 2005.

Please note: The following judgment has not been edited.

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2 practice notes
  • Celantano Estate v. Ross et al., 2014 BCSC 27
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 9, 2014
    ...of personality; 6) specific devices of real property. Smith Estate (Re), para. 15; Thompson (Guardian Ad Litem of) v. Thompson Estate, 2005 BCSC 1814 [14] Therefore, if the Shriners' legacies are held to be specific or demonstrative, they will have priority over the general legacies. T......
  • Malamas v. Kennell, 2007 BCSC 1657
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 16, 2007
    ...to satisfy creditors is said to abate, rather than to adeem. [emphasis mine] [15] In Thompson (Guardian ad Litem of) v. Thompson Estate , 2005 BCSC 1814, 22 E.T.R. (3d) 268, Melnick J. at para. 15 described the law, as follows: Unless there is a contrary intention in the Will, "the order in......
2 cases
  • Celantano Estate v. Ross et al., 2014 BCSC 27
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 9, 2014
    ...of personality; 6) specific devices of real property. Smith Estate (Re), para. 15; Thompson (Guardian Ad Litem of) v. Thompson Estate, 2005 BCSC 1814 [14] Therefore, if the Shriners' legacies are held to be specific or demonstrative, they will have priority over the general legacies. T......
  • Malamas v. Kennell, 2007 BCSC 1657
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 16, 2007
    ...to satisfy creditors is said to abate, rather than to adeem. [emphasis mine] [15] In Thompson (Guardian ad Litem of) v. Thompson Estate , 2005 BCSC 1814, 22 E.T.R. (3d) 268, Melnick J. at para. 15 described the law, as follows: Unless there is a contrary intention in the Will, "the order in......

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