Haworth (Re)

Haworth (Re)

Master Taylor found the executor administered the estate reasonably, was not disentitled by alleged errors, the Bromleys' conduct caused unnecessary complication and costs, and therefore passed the accounts with adjustments: awarded the executor a lump sum of $160,000 as compensation and ordered Vivienne Bromley to reimburse specified legal fees and disbursements totaling $14,107.22 and to bear special costs beyond the first day of hearing as assessed.

Citation
2015 BCSC 1530
Parties
Executor and Applicant: William Thomas Archer; Beneficiary: Andrea L. Haworth; Beneficiary: Imelda Mary Davis; Beneficiary/objector: Vivienne Bromley; Deceased/testator: Irvin Francis Haworth
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 August 2015
Procedural Posture
Passing of Accounts / Estate Administration / Accounts Audited, Taken and Passed Before the Registrar (passing of Accounts)
Outcome
Accounts passed with adjustments; executor awarded compensation; specified costs and reimbursements to be paid by objecting beneficiary prior to final distribution; registrar certified and executor to be discharged upon repayment.
Legal Topics
Executor Remuneration, Care and Management Fee, Passing of Accounts, Allocation of Costs, Wills Variation, Apportionment of Legal Fees, Special Costs
Source Language
English
Wills and Estates Probate Trusts Civil Procedure Costs Executor Remuneration Care and Management Fee Passing of Accounts +4 more

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Parties

William Thomas Archer

Executor and Applicant

Andrea L. Haworth

Beneficiary

Imelda Mary Davis

Beneficiary

Vivienne Bromley

Beneficiary/objector

Irvin Francis Haworth

Deceased/testator

Procedural Posture

Passing of Accounts / Estate Administration / Accounts Audited, Taken and Passed Before the Registrar (passing of Accounts)

Legal Issues

  1. 1 Whether the executor was entitled to the remuneration claimed and in what amount
  2. 2 Whether the objecting beneficiary (Vivienne Bromley) caused delays and costs warranting special cost orders against her
  3. 3 Whether portions of solicitor Slade & Co.'s fees and storage/disbursement costs should be borne by Vivienne Bromley

Ratio Decidendi

Master Taylor found the executor administered the estate reasonably, was not disentitled by alleged errors, the Bromleys' conduct caused unnecessary complication and costs, and therefore passed the accounts with adjustments: awarded the executor a lump sum of $160,000 as compensation and ordered Vivienne Bromley to reimburse specified legal fees and disbursements totaling $14,107.22 and to bear special costs beyond the first day of hearing as assessed.

Court Disposition

Accounts passed with adjustments; executor awarded compensation; specified costs and reimbursements to be paid by objecting beneficiary prior to final distribution; registrar certified and executor to be discharged upon repayment.

Orders

  • Vivienne Bromley to pay $14,107.22 to the estate accounts for distribution among the beneficiaries
  • Costs of preparation for and the first day of attendance to be paid to all parties as special costs out of the estate, to be assessed if not agreed