In the Matter of the Estate of Nahar Singh Litt, deceased

In the Matter of the Estate of Nahar Singh Litt, deceased

Registrar fixed a lump sum remuneration of $400,000 on a quantum meruit basis because the $654,449.34 claimed was excessive in all the circumstances after considering the size of the estates (~$10 million), care and responsibility exercised, time estimated (unrecorded), skill and success in maximizing estate value, and the largely passive nature of the principal assets; the accounts were otherwise approved.

Citation
2020 BCSC 1921
Parties
Executor: Terry Litt; Respondent/beneficiary: Jasbinder Kaur Grewal; Respondent/beneficiary: Mohinder Kaur Litt‑Grewal; Respondent/beneficiary: Amarjeet Kaur Gottenbos (Litt); Respondent/beneficiary: Inderjit Kaur Sidhu; Respondent/former Co‑executor: Kasar Singh Litt; Estate/subject: In the Matter of the Estate of Nahar Singh Litt, deceased
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 November 2020
Procedural Posture
Passing of Accounts (estates) / In Chambers Decision on Passing of Accounts and Executor Remuneration
Outcome
Accounts approved; executor remuneration reduced to a lump sum of $400,000; costs awarded on special costs basis.
Legal Topics
Executor Remuneration, Care and Management Fee, Quantum Meruit, Passing of Accounts, Trustee Act S.88, Wills Variation S.60 WESA
Source Language
English
Trusts and Estates Probate Estate Litigation Wills Variation Executor Remuneration Care and Management Fee Quantum Meruit Passing of Accounts +2 more

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Parties

Terry Litt

Executor

Jasbinder Kaur Grewal

Respondent/beneficiary

Mohinder Kaur Litt‑Grewal

Respondent/beneficiary

Amarjeet Kaur Gottenbos (Litt)

Respondent/beneficiary

Inderjit Kaur Sidhu

Respondent/beneficiary

Kasar Singh Litt

Respondent/former Co‑executor

In the Matter of the Estate of Nahar Singh Litt, deceased

Estate/subject

Procedural Posture

Passing of Accounts (estates) / In Chambers Decision on Passing of Accounts and Executor Remuneration

Legal Issues

  1. 1 Appropriate amount of executor remuneration for two estates subject to a 5% statutory ceiling
  2. 2 Application of Trustee Act s.88 and quantum meruit principles
  3. 3 Entitlement to and calculation of care and management fee under s.88(3)

Ratio Decidendi

Registrar fixed a lump sum remuneration of $400,000 on a quantum meruit basis because the $654,449.34 claimed was excessive in all the circumstances after considering the size of the estates (~$10 million), care and responsibility exercised, time estimated (unrecorded), skill and success in maximizing estate value, and the largely passive nature of the principal assets; the accounts were otherwise approved.

Court Disposition

Accounts approved; executor remuneration reduced to a lump sum of $400,000; costs awarded on special costs basis.

Orders

  • Accounts for both estates approved as presented
  • Executor's total remuneration fixed at a lump sum of $400,000