Zaradic Estate (Re)

Zaradic Estate (Re)

Executors are disentitled to any remuneration because their deliberate and egregious breach of fiduciary duty—attempting to sell the deceased's home to their daughter at roughly half market value—disentitles them to fees; accordingly specific contested expenditures were disallowed or reduced: notary bill disallowed; ashes trip reduced by half; caregiving reduced to $27,000; legal fees limited to $7,000 for passing of accounts.

Citation
2021 BCSC 1037
Parties
Deceased: Miro Zaradic; Executor: Vlatko Panovic; Executor: Herminia Panovic; Beneficiary: Norma Brajevic; Notary: Amin Savji
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 June 2021
Procedural Posture
Passing of Accounts; Probate / Registrar Decision Following Passing of Accounts Hearing
Outcome
Executors' accounts passed with reductions and repayments ordered; executors denied any remuneration.
Legal Topics
Executor Remuneration, Breach of Trust, Accounting and Passing of Accounts, Costs and Disbursements, Reimbursement of Estate Expenses
Source Language
English
Trusts and Estates Probate Fiduciary Duty Estate Administration Executor Remuneration Breach of Trust Accounting and Passing of Accounts Costs and Disbursements +1 more

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Parties

Miro Zaradic

Deceased

Vlatko Panovic

Executor

Herminia Panovic

Executor

Norma Brajevic

Beneficiary

Amin Savji

Notary

Procedural Posture

Passing of Accounts; Probate / Registrar Decision Following Passing of Accounts Hearing

Legal Issues

  1. 1 Whether executors are entitled to remuneration under the Will
  2. 2 Whether executors committed a breach of fiduciary duty by attempting to sell the house to their daughter below market value
  3. 3 Whether contested expenses (notary bill, ashes repatriation, caregiving, legal fees) are allowable estate expenses

Ratio Decidendi

Executors are disentitled to any remuneration because their deliberate and egregious breach of fiduciary duty—attempting to sell the deceased's home to their daughter at roughly half market value—disentitles them to fees; accordingly specific contested expenditures were disallowed or reduced: notary bill disallowed; ashes trip reduced by half; caregiving reduced to $27,000; legal fees limited to $7,000 for passing of accounts.

Court Disposition

Executors' accounts passed with reductions and repayments ordered; executors denied any remuneration.

Orders

  • Executors' remuneration allowed is nil
  • Notary public bill $4,537.27 is disallowed and must be repaid to the estate