Two sisters were at odds over the ownership of their deceased mother’s home. In 1989 their mother had transferred the title of her home to herself and the appellant sister, Ms. Cooper, as joint tenants. Their mother died in June of 2012 and Ms. Cooper took title by survivorship. Her sister, Ms. Franklin, had argued the 1989 transfer was gratuitous and Ms. Cooper held the title of the property in trust for their mother’s estate. Ms. Cooper argued there was an agreement between her and her mother for which consideration was given. The trial judge found there was no 1989 agreement and the property was held in trust for the estate. Ms. Cooper appealed this decision.
In 2003, Sheikh Salem Homoud Al-Jaber Al-Sabah passed away intestate and left 15 beneficiaries. His family has since been caught up in estate litigation across several countries as he held properties in Kuwait, Gibraltar, London, and B.C. His beneficiaries included his two sons, his two wives, and his seven daughters. While two of his daughters did not participate in this litigation, one, Sheikha Salem Homoud Al-Jaber Al-Sabah, is the appellant in this action. She sought to appeal an order from an application revoking the grant of letters of administration of her father’s estate (located in B.C.). The chambers judge had found the daughter had not exercised reasonable diligence in providing notice to the beneficiaries of her intention to apply for administration of the estate in BC and she had failed to disclose relevant information.
The petitioners, the sons of the deceased, applied to remove the executor and trustee under the last will of their father. With their application, they also sought an order appointing them as executors and trustees in substitution of the respondent. The respondent, the widow, sought a number of orders. After isolating the issue, the court granted the respondent’s application to remove her and place them in the position of executor and trustee of their father’s estate.
Mr. Browne and Ms. Nicholson are the son and daughter of the deceased, Winnifred Elizabeth Brown. Mr. Browne brought an application for an order that the Estate assets of his mother vest in his favour as executor and trustee. The will had initially appointed his sister, Ms. Nicholson, as executrix and he as the alternate. The will had divided the residue of the Estate equally between them, but the matter was complicated by the fact that Nicholson, using her Power of Attorney, sold the Estate's major asset, their mother's home, without obtaining probate (~$725,000). Nicholson then took the net proceeds from the sale and placed them in her own bank account, paid off her husband's line of credit and deposited the balance in two investment accounts. Mr. Browne disputed the actions of his sister.
If you declare bankruptcy, can the trustee in bankruptcy touch your inheritance?
The answer is YES.
A trustee had applied to the court for an order that the bankrupt’s entitlement and benefits under a will were property that vested and formed part of the bankrupt party’s estate.