Blog: Unraveling the mysteries and complexities of fairness in Estate Administration: Brodylo
Estate (Re), 2023 ABCA 314
Introduction
Estate Administration is a stressful, emotional, and often frustrating process. Disputes often
arise, and if the litigation process involves multiple family members, parties are left with
feelings of injustice and unfairness.
Hope can be gained, however, from the recent decision in Brodylo Estate (Re), 2023 ABCA 314.
The case delves into the intriguing realm of the Court’s power to intervene in Estate
Administration when faced with a majority rule clause in the will.
Background
In Brodylo, four children were designated as joint personal representatives to handle their
deceased mother’s estate under a Will. However, a dispute arose over asset valuation and
administration expenses, leading to a deadlock when one representative refused to sign the
necessary probate forms.
Enter the Chamber’s Judge, who, on an application for advice and directions, lays down a
roadmap for resolution. This includes ancillary directions on how disagreements should be
settled if an agreement can’t be reached on asset values. The twist? The non-dissenting
representatives argue that the Judge overstepped by not applying the majority rule clause in
the Will.
What’s more, the Chamber’s Judge, while considering the majority rule clause, concludes that it
can’t be a carte blanche to override the fiduciary duties owed by personal representatives. Fast
forward to the appeal, where the court refrains from providing a detailed guide on when a
Court can intervene against a majority rule clause but stands by the chamber’s decision.
The takeaway
Brodylo held that the Court agrees that intervention is warranted when the majority withholds
crucial information essential for the minority representative to assess the validity of their
position. Moreover, the Court emphasizes that a majority rule clause cannot be wielded to
compel a personal representative to swear an affidavit they believe to be false.
In the ever-evolving tapestry of Estate law, Brodylo serves as a beacon, shedding light on the
delicate balance between majority decisions and fiduciary responsibilities. It’s a reminder that
even in the intricacies of legal clauses, transparency and fairness prevail.
Here at the Calgary Legal Team, we are experts in this field, and are equipped with the tools
necessary to bring fairness, and justice, to you.