Farrugia Estate (Re)

Farrugia Estate (Re)

After weighing the magnitude and nature of the work performed by Ms. Hall, the involvement of solicitors who performed detailed probate tasks, the retrospective compilation of hours, and the complexity and responsibilities (including property management and distance issues), the court held that 4.0% of capital and 4.0% of income constituted a fair and reasonable allowance, yielding $17,700 (capital) and $9,163 (income).

Citation
2012 BCSC 1031
Parties
Executrix / Applicant: Glenda Lianne Macdonald; Executrix / Applicant: Nicole Susann Hall; Deceased: Teresa Michele Farrugia (deceased); Caretaker / Interested Party: Teresa Wagner (mother, caretaker of horses); Interested Party / Custodian of Children: Husband of deceased (custodian of children)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 July 2012
Procedural Posture
Estate Administration / Probate Accounts Approval / Reference Hearing for Approval of Executrix Accounts and Assessment of Fees
Outcome
Accounts of the executrices approved; fee allowance to Ms. Hall fixed below the statutory maximum.
Legal Topics
Executor Fees, Care and Management Fees, Accounts Approval, Assessment of Reasonable Remuneration
Source Language
English
Estates and Trusts Probate Trust Administration Civil Procedure Executor Fees Care and Management Fees Accounts Approval Assessment of Reasonable Remuneration

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Parties

Glenda Lianne Macdonald

Executrix / Applicant

Nicole Susann Hall

Executrix / Applicant

Teresa Michele Farrugia (deceased)

Deceased

Teresa Wagner (mother, caretaker of horses)

Caretaker / Interested Party

Husband of deceased (custodian of children)

Interested Party / Custodian of Children

Procedural Posture

Estate Administration / Probate Accounts Approval / Reference Hearing for Approval of Executrix Accounts and Assessment of Fees

Legal Issues

  1. 1 What is a fair and reasonable allowance for Ms. Hall for administration services from April 8, 2009 to December 15, 2011?
  2. 2 Whether to award the statutory maximum (5%) for capital and income fees to Ms. Hall or a lower percentage.
  3. 3 Whether the hours claimed (223.75) and the nature of the work justify the requested fees given counsel's involvement.

Ratio Decidendi

After weighing the magnitude and nature of the work performed by Ms. Hall, the involvement of solicitors who performed detailed probate tasks, the retrospective compilation of hours, and the complexity and responsibilities (including property management and distance issues), the court held that 4.0% of capital and 4.0% of income constituted a fair and reasonable allowance, yielding $17,700 (capital) and $9,163 (income).

Court Disposition

Accounts of the executrices approved; fee allowance to Ms. Hall fixed below the statutory maximum.

Orders

  • Approve executrices' accounts for the Estate.
  • Approve care and management fee for Ms. Hall of 0.4% of $561,863.25 = $2,247.45.