Sexsmith v. The Public Guardian and Trustee of British Columbia
Peggy Sexsmith, in her capacity as Executor of the Estate of Idar Henry Uhlving, deceased
Law Firm / Organization
HS Law Corporation
Lawyer(s)

Hogan Song

The Public Guardian and Trustee of British Columbia as Committee of Idar Henry Uhlving
Law Firm / Organization
Arvay Finlay LLP
Lawyer(s)

Mark G. Underhill

  • 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.

Supreme Court of British Columbia
S245945
Estates & trusts
Defendant