IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Critchley v. Critchley, 2006 NSSC 219
Date: 20060707
Docket: S.H. No. 263007
Registry: Halifax
Between:
Winnifred Harriet Critchley
Applicant
v.
Beryl Elizabeth Critchley and John Grave Critchley
Respondents
LIBRARY HEADING
Judge: The Honourable Justice Gregory M. Warner
Heard: June 6 and 7, 2006, in Halifax, Nova Scotia
Final Written
Submissions: June 14, 2006
Subject: Estates
Issue: Removal of estate executor
Summary: In 1986 the testator died leaving behind a much younger widow, step-mother to his three grown children and a large investment account. Income and capital were to maintain his widow for life with the remainder to his three children. In 1996 the daughter was removed as a trustee leaving the son and step-mother remaining. In 2000 the investment account took a big hit (it was heavily weighted in technology stocks.
In 2006 the daughter applied to remove her brother and step-mother (age 75) as trustees for failing to act as prudent investors and to replace them with a bankruptcy trustee. The step-mother asked to be removed. The son opposes.
Result: The son failed to invest as a prudent investor and made other mistakes, but no evidence established that the beneficiaries had yet lost as a result of his conduct. Removal of an executor is a discretionary and rarely used remedy, even when a breach of duty is established. Balancing the son’s good faith but negligent investments in 2000 against other factors, the Court dismissed the application.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.