Can an Executor of an Estate make interim payments to beneficiaries of a will, notwithstanding a pending claim for variation of the will?
British Columbia, Canada
The following excerpt is from Henney v. Sander, 2014 BCSC 889 (CanLII):
The court may approve an interim payment by an Executor of an estate, notwithstanding a pending claim for variation of a will, when the risk of the variation order encroaching upon funds needed to satisfy the benefits is remote. In exercising its discretion, the court assesses hardship and risk: Hecht v. Hecht Estate (1990), 39 E.T.R. 165 (B.C.S.C.) at paras. 20, 21.
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