The estate, primarily comprising a home valued at $2 million, is at the heart of the dispute
In a recent ruling, the BC Supreme Court appointed a licensed insolvency trustee to administer a contested estate to ensure that the estate is managed transparently and accurately.
In Stoker v Young, 2024 BCSC 637, Dorothy Dropati Ram died in 2021. Her daughter, Elizabeth Aruna Devi Stoker, requested the court to appoint an impartial administrator to oversee the estate, citing concerns about the execution of her mother's last will. The court noted a dispute between the parties concerning the relationships between the parties and the parents. The Stoker asserted that she had a close and loving relationship with her parents. On the other hand, Stoker’s siblings contended that Stoker was estranged from Dorothy, an assertion which Stoker argued is false.
The estate, primarily comprising a home valued at approximately $2 million, is at the heart of the dispute due to its unequal distribution among the siblings. The will allocated a mere $5,000 to Stoker, while her sisters were set to inherit the remainder.
The Supreme Court has ruled that due to allegations of undue influence and the deceased's failing health affecting her testamentary capacity, the will needs validation in solemn form. Such scrutiny is necessary to confirm that Dorothy was of sound mind and free from coercion when she signed her will.
By transferring all records and documents related to the deceased from the defendants to the newly appointed administrator, the court ensures that the estate is managed transparently and accurately. This step is vital for resolving ongoing disputes and safeguarding the interests of all parties involved.
The administrator now holds broad powers to manage the estate effectively. These include the authority to handle financial assets, sell properties if required, and represent the estate in legal matters. The court's order stipulates that the administrator must obtain prior approval from the court for significant actions, ensuring that all steps taken are in the estate's best interests.
In addition to managing the estate, the defendants must provide a detailed account of their financial dealings on behalf of Dorothy Ram. This accounting will help clarify the financial activities under their control, adding transparency to the proceedings.
Finally, the court has awarded Stoker the application costs, which will be paid from the estate, acknowledging the legitimacy of her concerns regarding the administration of her mother's estate.
