Woodward Estate

Woodward Estate

Denis Woodward's opposition to the petition was without sufficient merit and caused unnecessary expense to the estate and residuary beneficiary; therefore he must bear the preponderant share of costs, and the court awards him 75% of special costs to both the executors and the residuary beneficiary.

Citation
2001 BCSC 1019
Parties
Executors: Executors of the Woodward Estate; Residuary Beneficiary / Widow: Alexandra May Woodward; Opposing Claimant: Denis Woodward
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 July 2001
Procedural Posture
Estate Application for Directions Regarding Sale of Estate Asset and Payment of Creditor Claim / Costs Hearing Following Judgment on Application for Directions
Outcome
Costs awarded against Denis Woodward to be paid to the executors and the residuary beneficiary in the amount of 75% of special costs
Legal Topics
Estate Administration, Executor Duties, Costs Awards, Guardian Ad Litem Representation, Renunciation and Competing Claim to Estate Asset, Special Costs
Source Language
English
Wills and Estates Civil Procedure Costs Estate Administration Executor Duties Costs Awards Guardian Ad Litem Representation Renunciation and Competing Claim to Estate Asset +1 more

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Parties

Executors of the Woodward Estate

Executors

Alexandra May Woodward

Residuary Beneficiary / Widow

Denis Woodward

Opposing Claimant

Procedural Posture

Estate Application for Directions Regarding Sale of Estate Asset and Payment of Creditor Claim / Costs Hearing Following Judgment on Application for Directions

Legal Issues

  1. 1 Whether Denis Woodward should be ordered to pay costs incurred by the executors and the residuary beneficiary
  2. 2 What scale or quantum of costs is appropriate (Scale 3, special costs, solicitor and own client)
  3. 3 Whether it is fair for the residuary beneficiary to bear costs caused by Denis Woodward's conduct

Ratio Decidendi

Denis Woodward's opposition to the petition was without sufficient merit and caused unnecessary expense to the estate and residuary beneficiary; therefore he must bear the preponderant share of costs, and the court awards him 75% of special costs to both the executors and the residuary beneficiary.

Court Disposition

Costs awarded against Denis Woodward to be paid to the executors and the residuary beneficiary in the amount of 75% of special costs

Orders

  • Denis Woodward is ordered to pay 75% of special costs to the executors of the Woodward Estate
  • Denis Woodward is ordered to pay 75% of special costs to the residuary beneficiary, Alexandra May Woodward (represented by the Public Trustee as guardian ad litem)