Refusal to honour codicil was found to be shocking affront to deceased's dying wish

Estates and Trusts – Estates - Actions involving personal representatives

Deceased's nieces were sole beneficiaries under her will, and deceased's friend was appointed estate trustee of will. Friend refused to honour holograph codicil to will made several days before death. Refusal to honour codicil was found to be shocking affront to deceased's dying wish, and niece's application to pass over friend as estate trustee and have themselves appointed as estate trustees was granted. Parties made submissions on costs. Costs awarded to nieces. Friend acted unreasonably and delayed administration of estate. Nieces served offer to settle that was open until hearing and was better than outcome obtained by friend. Application was important to nieces and was only necessary due to breakdown of relationship between friend and nieces. Nieces were awarded costs in amount of $29,276.15 inclusive of HST and disbursements, to be paid by friend personally. Amount was to be set off against any executor compensation that may be due to friend.

Ford v. Mazman (2019), 2019 CarswellOnt 2572, 2019 ONSC 1297, A.A. Casullo J. (Ont. S.C.J.); additional reasons (2019), 2019 CarswellOnt 853, 2019 ONSC 542, Casullo J. (Ont. S.C.J.).

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