Plaintiff
Defendant
Background: Peggy Sexsmith, executor of Idar Henry Uhlving's estate, sued the Public Guardian and Trustee (PGT) of British Columbia. She alleged that the PGT, as committee for Uhlving, failed in their duty of care by not challenging the will of Uhlving's late spouse, Lorraine Wright.
Claims: Sexsmith argued the PGT should have pursued a will variation claim, believing Uhlving was entitled to more than what Wright's will provided.
PGT's Defense: The PGT contended that pursuing a will variation claim wasn't beneficial for Uhlving during his life and would have reduced the assets available for his care.
Court's Decision: The court found no breach of standard of care by the PGT. It ruled that Wright's will sufficiently provided for Uhlving, and a will variation claim would have likely failed, reducing the estate's value to Uhlving's detriment.
Costs Awarded: The court granted judgment in favor of the PGT, dismissing the claim in its entirety. The PGT was entitled to its costs, although the specific amount awarded was not detailed in the provided document.
Conclusion: The lawsuit against the PGT was dismissed, affirming the PGT's decision not to pursue a will variation claim as being in Uhlving's best interest.
Court
Supreme Court of British ColumbiaCase Number
S245945Practice Area
Estates & trustsAmount
Winner
DefendantTrial Start Date
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