Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 DECEMBER 2024

Removing An Executor For Mismanaging An Estate

Lindsay Kenney LLP
Explore more from Lindsay Kenney LLP

Executors are entrusted with the critical task of managing and distributing an estate after someone has passed away. While this duty comes with many responsibilities, mismanaging assets and other issues

CanadaFamily and Matrimonial
Emilie Ptak
Emilie Ptak

Executors are entrusted with the critical task of managing and distributing an estate after someone has passed away. While this duty comes with many responsibilities, mismanaging assets and other issues with estate administration can harm the estate and ultimately have a negative impact on beneficiaries. Where an executor has mismanaged an estate, it may be necessary to remove them from the role.

In Barbieri Estate v. White, 2024 BCSC 1357, a recent Supreme Court of British Columbia decision, the Court granted an application to remove an executor for this very reason. In Barbieri, a Deceased parent was survived by three adult children. All three children were beneficiaries of the Deceased's Will. The Will jointly appointed the Deceased's daughter and one of her sons as executors. Shortly after probate was granted, the son became the sole executor by consent. The estate quickly became contentious and escalated to litigation, with several court proceedings taking

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

About Mackrell International – Canada - Lindsay Kenney LLP is a full service business law firm with offices in Vancouver and Langley, BC and a member of Mackrell International. Mackrell International – Canada is comprised of four independent law firms in Alberta, British Columbia, Ontario and Quebec. Each firm is regionally based and well-connected in our communities, an advantage shared with our clients. With close relations amongst our Canadian member firms, we are committed to working with clients who have legal needs in multiple jurisdictions within Canada.

This article is intended to be an overview and is for informational purposes only.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Canada-US Estate Planning: A Complete Guide For Snowbirds And Cross-Border Families

Canadians who own US property, hold American investments, or have family members with US citizenship face a complex web of estate tax obligations spanning two countries. Without proper coordination, your heirs could face double taxation, frozen assets during lengthy Florida probate proceedings, or unexpected tax bills that consume a significant portion of their inheritance.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

Ontario Probate: A Step-by-Step Guide For Executors (Including Estates With US Property)

Ontario probate requires court certification, estate administration tax of up to 1.5%, and careful navigation of cross-border rules when US property is involved. Executors face strict timelines, fiduciary duties, and potential personal liability, while proper planning through multiple wills and beneficiary designations can significantly reduce both costs and delays.
CanadaFamily and Matrimonial
Altro LLP
Altro LLP
Article

The Supreme Court Of Canada Recognizes A New Tort Of Intimate Partner Violence

The Supreme Court of Canada has established a groundbreaking new common law tort of Intimate Partner Violence, fundamentally changing how survivors can seek civil remedies for coercive and controlling behavior in intimate relationships. This landmark decision introduces a legal framework that recognizes patterns of abuse beyond traditional assault claims, focusing on the cumulative nature of coercive control that strips victims of their dignity, autonomy and equality. Courts across Canada are now beginning
CanadaFamily and Matrimonial
Thompson Dorfman Sweatman LLP
Thompson Dorfman Sweatman LLP
Article

Canadian Citizenship By Descent: Canada Expands Eligibility Under Bill C-3

Many people may be surprised and pleased to learn that there is a new path to becoming a Canadian citizen. The Government of Canada passed Bill C-3, An Act to Amend the Citizenship Act (2025), on December 15, 2025. Before this legislation came into effect, Canadian citizenship by descent was limited to the first generation born outside Canada. For example, Emily was born or naturalized in Canada, and she could pass her citizenship to her child, Duncan, born outside of Canada.
CanadaFamily and Matrimonial
O'Sullivan Estate Lawyers LLP
O'Sullivan Estate Lawyers LLP
Article

Can I Claim Damages For Intimate Partner Violence In Ontario? A Look At Ahluwalia And Mitchell

The Supreme Court of Canada has established a new tort for intimate partner violence, extending legal recognition beyond physical abuse to include psychological control, financial manipulation, and other coercive tactics. Understanding who can sue, what conduct qualifies, and how courts will assess damages is essential for anyone navigating this emerging area of law.
CanadaFamily and Matrimonial
Lerners LLP
Lerners LLP
Article

The 21-year Rule: How To Prepare A Family Trust For This Crucial Milestone

A family trust is a tax and estate planning tool widely used by family businesses in Canada. Among other things, it can be used to establish an estate freeze, facilitate the gradual transfer of wealth to the next generation, maintain a degree of control over family assets and, in some cases, provide better assets protection. Historically, family trusts have also been used in a variety of income-splitting strategies.
CanadaFamily and Matrimonial
Miller Thomson
Miller Thomson