Hello every One and welcome to the Thoroughly Thrilling Thing King Edition, thank King or Queen You for joining Me, it is always a Pleasure to have You in My House. Today is a Thoroughly Thrilling Thursday because I have finally received some long awaited news regarding My Sister’s application for a Certificate of Appointment of Estate Trustee (of My father’s Estate), and there is plenty to be tall King about for any One who Will deal with an Estate Matter in their Life (which is pretty much every One providing One Lives long enough).
I am finally Happy to be tall King about this because I have been ranting a little lately about how anxious I am when I don’t know what is going on. I am thing King that all of Us Will feel a little frustrated if We are tall King with some One who refuses to respond – especially if One is compelled to do so!
Consider that every Court case is really just a conversation in slow motion. On the 15th of March, My Sister’s lawyer sent Me a consent form to Sign for My Sister’s application, despite the fact that My Sister knew I Will be opposing her application. Imagine this were an actual conversation and I tell My Sister I do not consent to her application, and she turns to Me and says, ‘Great! Just Sign right here to authorize Your consent.”
One would turn to the individual and say, “Did You not hear Me? I just said I don’t consent to Your application!”.
“Yeah, I know – that’s why I need You to Sign because Your consent is required.”
How infuriating would a conversation like that be? Now You know what can be like dealing with lawyer (liars). Acting as counsel in Court for individuals was once called ‘devilling’, and (of course) it’s not a coincidence.
I replied to the email indicating that I Will not be supporting My Sister’s application for a number of reasons and included the relevant Notices. The relevant Notices concern unlawful acts that have already caused considerable economic harm to the Estate, as well as serious undue emotional harm to the Beneficiaries, but it does not address any of the harm done by Way of My Brother and Sister’s negligence, whether it be the result of ignorance or intention. I like to presume ignorance because I don’t Wish to believe My Brother and Sister are acting with malicious intent, but at this point I’m not so sure. Either Way, I felt it was necessary to let My Sister’s lawyer know My other opposing arguments to her application that speak directly to her incompetence and inappropriateness (as she has genuinely held a life long grudge and vendetta against her father who she hadn’t communicated with in over twenty years!). Generally, One does not let some One harbouring resentment for the deceased represent their interests in Court unless there is literally no One else.
The Honourable thing for My Sister’s lawyer to do, would be to respond to My application to rebut My opposing arguments, or concede and rescind the application. Instead, they refused to respond to My opposition emails, screened My phone calls, and I began to feel very anxious because generally, that means some One is up to something. I know it is unlikely that the application Will succeed if My opposing arguments are Presented to the Court unopposed, so I anticipated they must be trying to make an application without Presenting any of My opposing arguments to the Court.
Although My intuition can drive Me a little crazy sometimes because it is very seldom I am wrong (details I might get wrong, but I can always sense when something ‘fishy’ is going on), I am thankful for it because it keeps Me on My toes, always anticipating I Will have to put out some proverbial House on fire (and in this case, My father’s).
Well, I wasn’t wrong!!! What’s the most interesting detail about this application? The ‘endorsement’.
“Further, please find attached a copy of the Endorsement of her Honour Justice Woodley dated June 4, 2020“Erica Kapa
Am I the only One who finds that interesting and more than just a little suspect? What really bothers Me about these liars (that’s exactly what they are), is that they are committing fraud. It’s probably not ‘legally’ considered fraud, but this is most certainly not Honourable because they are as King of the Court to endorse an application without presenting all of the relevant facts. A Court Judge cannot make an informed decision if they do not have all the information! It’s fraud by false pretenses, misrepresenting the relevant facts with intent to deceive the Court.
People really are supposed to try to resolve all of these Issues outside of Court whenever possible – allegedly even the Court’s Wish for People to reach an agreement without litigation (but not really or they wouldn’t make any money).
Needless to say, this development was enough to motivate Me to formally file a complaint with the Law Society regarding My Sister’s lawyer’s conduct, though I Will have to file all of My opposing arguments with the Court if I Wish to be heard. This is just an additional hassle for Me, and if the lawyer isn’t opposing My arguments by Way of email, I have to presume they Will not be able to oppose My arguments in the flesh, either. What am I getting at? Well, unless the Court Judge is completely corrupt, My opposing arguments should stand (because they haven’t been ‘shot down’) unless My Sister’s lawyer Presents some astounding and fatal arguments when they are Presented to the Court. If they had those kind of arguments to Present to Me, it would make sense to do it before moving forward with the application because I would not even bother to oppose the application if I know I can’t win.
I am thing King they are proceeding with the application on the presumption that I Will not file an objection with the Court. They are dead wrong, I already have the documents drafted and Will share them with You when they are officially filed into the Court.
However, there is also another angle I am wondering about here. Why include an endorsement that is irrelevant and no longer applicable? Could they be trying to deceive Me?! Are they thing King I Will be too stupid to know the endorsement has nothing to do with current application? I really have no Idea, Your guess is as Good as mine. Maybe they included the previous endorsement with the application hoping it would expedite the process – You know, a judge sees that the request was endorsed previously, might encourage another Justice to make the same determination?..
But My other thought is more sinister still, and very, very risky if I am correct. What if they have no intention of making an application to the Court? There is no Way for Me to know those documents were actually filed with the Registrar. What if this is just another attempt to ‘gaslight’ Me and trick Me into thing King an application was made so that I’m not surprised when Noah releases the funds to My Sister?
To be honest, that’s what My intuition is telling Me. I am thing King that Noah Will now release the funds to My Sister, and when I go to file My objection to My Sister’s application, the Court tells Me there is nothing before the Court. Apparently I can object to the application until the Estate has been fully settled and the assets are distributed, so We’ll see if I get some kind of Notice that the Matter is done.
At this point, no Certificate of Appointment of Estate Trustee has been awarded, they have only just filed the application, and My Sister Will still need to post a bond before the Certificate is awarded (as far as I know). However, if I am correct about My suspicions, they may distribute the funds before I have an opportunity to object, and the Matter Will be over.
Keep in Mind that I was suggesting a Certificate of Appointment of Estate Trustee is not required if there are only assets to distribute and no more creditors to be paid, especially if all beneficiaries have agreed to how the remainder funds should be disbursed. People always have the right to do anything One can do inside a Court, outside of Court – Court is only to resolve disputes between parties that cannot come to an agreement.
I’ll Keep You Posted. Although I have all the documents prepared and ready to file, I’m not sure when I’m going to feel like making a trip to the Courthouse, though it Will probably be early next week.
Before I Sign off, I Wish to draw Your attention to the Honourable Justice Susan J. Woodley’s endorsement and in particular the instructions her Honour provides in the event ‘Sean von Dehn’ files an objection with the Court. 😉
Love and Blessings,