January 10th, 2017
A successful judgment was recently awarded by the BC Supreme Court to CFMR client, Ms. Taylor whose sister, Ms. Sinclair had improperly used a power of attorney to transfer their mother’s long-time home in Richmond to herself and then used the home to help secure and fund the purchase of a new property in Ms. Sinclair’s sole name. The power of attorney did not authorize this transfer as it did not permit Ms. Sinclair to transfer her mother’s real property.
The BC Supreme Court held that Ms. Sinclair breached her fiduciary duty to her mother, who was in mental decline at the time of the transfer and is now deceased. As the executrix of her mother’s estate, Ms. Sinclair is required to hold the new property in trust for her mother’s estate, which should be split between the two sisters who are the equal beneficiaries of their mother’s will.
This case highlights that as a general rule, a person acting under a power of attorney should not be using the power of attorney for their own personal benefit.
For more details, read the full judgment here.
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