Kushner Law Group

Vancouver Estate Lawyers Conclude Beneficiaries Ability to Sue the Estate

Estate lawyers in Vancouver discuss the process a beneficiary must take to sue the personal representative of the deceased


Vancouver, BC -- (ReleaseWire) -- 02/20/2019 --Last month, the Vancouver estate lawyers at Kushner Law Group began a two-part blog that explored how a beneficiary might sue in the event there is a problem with the administration of an estate. In part two of the blog, the conclusion of Jang v. Jang, 2018 BCSC 1649 is addressed. For more, go to: http://www.kushnerlaw.ca/beneficiaries-ability-to-sue-estate-part-2/

As a refresher, a personal representative of an estate is obligated by a fiduciary duty to act in the best interests of that estate. This fiduciary duty may sometimes conflict with the personal representative's individual interests as a beneficiary of the estate.

The BC Supreme Court dealt with such an issue in the case of Jang v. Jang, 2018 BCSC 1649, wherein the personal representative and primary beneficiary of an estate was sued by the other beneficiaries under s. 151 of the Wills, Estates and Succession Act.

The Court recognized several failures of the personal representative's duty, as Mr. Justice Basran stated:

[29] Douglas is clearly in a conflict of interest. He is the personal representative of the estate and also its primary beneficiary. By operation of the right of survivorship, he transferred the Turner Street Property to his name after Mrs. Jang died. Obviously, any claim against this asset by the other beneficiaries will directly affect his interest in this property.

[30] Mrs. Jang died on May 22, 2016. The plaintiffs requested a copy of the Will by letter dated July 13, 2016. Douglas did not provide it to them until 15 months later on October 23, 2017. The Will clearly designates the plaintiffs as beneficiaries, and it was entirely unreasonable of Douglas not to advise the plaintiffs of this fact and not provide them with a copy of the Will when it was requested. By not providing the Will to the plaintiffs in a timely manner, Douglas did not act in accordance with his fiduciary responsibilities and obligations as the personal representative of the estate.

[31] Douglas has also failed to provide an accounting of the estate's assets, notwithstanding the July 2016 request that he do so.

Ultimately, the Court allowed the other beneficiaries to sue in the name of the personal representative, under s. 151 of WESA.

Estate law is often complex. People who feel they have been wrongfully excluded or wish to vary a will are highly advised to consult with an experienced estate lawyer who can provide advice and options in accordance with local laws.

Besides representing clients in court, the Vancouver estate lawyers at Kushner Law Group can assist with all legal aspects of end-of-life planning, including estate planning and wills, power of attorney agreements, representation agreements, health care directives, and committeeship nominations. To learn more, contact the Kushner Law Group and schedule a consultation.

About The Kushner Law Group
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.

Kushner Law Group
Lars Kushner
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
1008 Beach Ave #105