Whiteside Estate

Whiteside Estate

Master found the administrator's overall conduct reasonable in context, allowed the trustee remuneration below the statutory maximum at 4% of capital ($13,643.05), disallowed $500 of claimed expenses as unrelated to administration, allowed specific income and care fees, passed accounts with specified adjustments, ordered distributable funds paid to the Public Guardian and Trustee for the beneficiary and directed bond cancellation upon payment.

Citation
2018 BCSC 1871
Parties
Deceased: James Henry Peter Whiteside; Administrator/executor: Mensing; Beneficiary: Crystal Dawn Wilson; Trustee for Minor Beneficiary/respondent: Public Guardian and Trustee
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 October 2018
Procedural Posture
Passing of Accounts; Estate Administration; Probate / Passing of Accounts Hearing Before Master
Outcome
Accounts passed with adjustments: administrator remuneration fixed at 4% of capital; $500 deduction from claimed expenses; specified fees allowed; distributable estate amended and payable to Public Guardian and Trustee; administration bond to be cancelled upon payment.
Legal Topics
Executor Remuneration, Passing of Accounts, Estate Distribution, Approval of Expenses, Bond Cancellation
Source Language
English
Trusts and Estates Probate Law Fiduciary Duties Executor Remuneration Passing of Accounts Estate Distribution Approval of Expenses Bond Cancellation

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Parties

James Henry Peter Whiteside

Deceased

Mensing

Administrator/executor

Crystal Dawn Wilson

Beneficiary

Public Guardian and Trustee

Trustee for Minor Beneficiary/respondent

Procedural Posture

Passing of Accounts; Estate Administration; Probate / Passing of Accounts Hearing Before Master

Legal Issues

  1. 1 Whether the administrator's remuneration should be approved and at what rate
  2. 2 Whether certain expenses claimed by the administrator were excessive or unrelated to estate administration and should be disallowed
  3. 3 Whether the administrator's conduct in valuing and selling estate assets (truck and bobcat) was reasonable

Ratio Decidendi

Master found the administrator's overall conduct reasonable in context, allowed the trustee remuneration below the statutory maximum at 4% of capital ($13,643.05), disallowed $500 of claimed expenses as unrelated to administration, allowed specific income and care fees, passed accounts with specified adjustments, ordered distributable funds paid to the Public Guardian and Trustee for the beneficiary and directed bond cancellation upon payment.

Court Disposition

Accounts passed with adjustments: administrator remuneration fixed at 4% of capital; $500 deduction from claimed expenses; specified fees allowed; distributable estate amended and payable to Public Guardian and Trustee; administration bond to be cancelled upon payment.

Orders

  • Allow capital fee at 4%: $13,643.05 and amend Line E accordingly
  • Allow income fee of $22.60