VANCOUVER, BC—(Marketwired – November 20, 2016) – Kushner Law Group, a team of Vancouver lawyers, knows that a conflict between co–executors or trustees to an estate is one of the common issues that can arise in BC Estate Litigation. Their latest blog lists reasons that the Court may consider in removing a person as a Trustee or Executor to an estate. For more, go to: http://kushnerlaw.ca/reasons–court–may–remove–a–trustee–executor–bc–estate–litigation/
Often in estate planning, a parent may appoint both of their children to act in concert as executors and trustees to their estate, so as to avoid any appearance of favoritism.
While this may seem like an ideal solution to the planning parent, disputes can arise between the Executors, which could deadlock the administration of the Estate.
Fortunately, section 30 of the Trustee Act provides a remedy to deal with this specific situation:
30) A trustee or receiver appointed by any court may be removed and a trustee, trustees or receiver substituted in place of him or her, at any time on application to the court by any trust beneficiary who is not under legal disability, with the consent and approval of a majority in interest and number of the trust beneficiaries who are also not under legal disability.
Reasons that a Court may remove a Trustee or Executor include:
If the Trustee needlessly expends funds;
If the Trustee is in a conflict of interest;
If the Trustee sells assets of the trust below market value;
If a trustee fails to act and move forward with the administration of the Estate.
Anyone involved in estate litigation with a troublesome Trustee should consult a Vancouver lawyer, who can provide specific information and advice on how to move forward. Contact 604–629–0432 to speak to a lawyer at Kushner Law Group today.
About the Company
The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.
For additional information, please visit http://kushnerlaw.ca/ or call 604–629–0432.