How will the court remove a trustee where the welfare of the beneficiaries requires it?
British Columbia, Canada
The following excerpt is from Koglin Estate (Re), 2021 BCSC 2525 (CanLII):
The court will remove a trustee where the welfare of the beneficiaries requires it. The existence of friction between the trustee and one or more beneficiaries is usually not sufficient, of itself, to justify removal of the trustee: Erlichman v. Erlichman, 2000 BCSC 173 at para. 8.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established? (British Columbia, Canada)
In what circumstances can a trustee seek direction from the court to proceed with an action in which the beneficiaries of the trust have been denied access to the trustee's funds? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
What are the principles used by the courts to remove an estate trustee? (British Columbia, Canada)
Can a trustee be paid by a court even if the trustee does not have a contract or other stipulation for remuneration? (British Columbia, Canada)
Can a beneficiary of a bare trust be required to transfer their share of the trust property to one of several beneficiaries? (British Columbia, Canada)
If there is a fraud on a power, and the trustees attempted to use a power they did not possess, is this court going to rescue the trustees? (British Columbia, Canada)
Is dysfunction between trustees a sufficient basis to remove a trustee? (British Columbia, Canada)
In what circumstances will a court order a mandatory injunction requiring a defendant to remove or modify a garage that blocks the view of other property owners? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
