Redmond Estate (Re)

Redmond Estate (Re)

The registrar allowed the executor's accounts in full subject to specified reallocations because the challenged out-of-pocket expenses were properly and reasonably incurred for estate administration and thus chargeable to the estate (not to Brent's share); the executor was entitled to remuneration calculated by applying the Compensation Agreement percentages to the estate asset values (using a median valuation method for the Residence at the end of year one where direct evidence was lacking); the charging clause was later declared valid by the court such that professional fees charged by the executor's firm are payable by the estate; and costs of this reference are payable as special...

Citation
2024 BCSC 1211
Parties
Deceased: Donald Wharton Redmond; Executor and Trustee: John Murray Lott; Beneficiary: Bradley Donald Redmond (B.C. Redmond); Beneficiary: Stanley Bruce Redmond (S.B. Redmond); Beneficiary: Brentley Clarence Redmond (B.D. Redmond)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 July 2024
Procedural Posture
Passing of Accounts / Estate Administration / Registrar Hearing and Reserved Reasons for Decision on Passing of Executor's Accounts
Outcome
Accounts passed with specified adjustments; executor remuneration and estate expenses allowed as detailed; costs of the reference payable as special costs from the estate
Legal Topics
Executor Remuneration, Charging Clause Validity Under WESA S.43, Passing of Accounts, Out of Pocket Expenses, Disposition of Remains, Unrealized Personal Property, Special Costs
Source Language
English
Wills and Estates Probate Trusts Civil Procedure Costs Executor Remuneration Charging Clause Validity Under WESA S.43 Passing of Accounts +4 more

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Parties

Donald Wharton Redmond

Deceased

John Murray Lott

Executor and Trustee

Bradley Donald Redmond (B.C. Redmond)

Beneficiary

Stanley Bruce Redmond (S.B. Redmond)

Beneficiary

Brentley Clarence Redmond (B.D. Redmond)

Beneficiary

Procedural Posture

Passing of Accounts / Estate Administration / Registrar Hearing and Reserved Reasons for Decision on Passing of Executor's Accounts

Legal Issues

  1. 1 Whether various out-of-pocket expenses were properly and reasonably incurred and chargeable to the estate or to Brent's share
  2. 2 Whether executor's retention of external counsel (Swadden & Company) was justified
  3. 3 Whether cleaning and waste removal charges were reasonable estate expenses

Ratio Decidendi

The registrar allowed the executor's accounts in full subject to specified reallocations because the challenged out-of-pocket expenses were properly and reasonably incurred for estate administration and thus chargeable to the estate (not to Brent's share); the executor was entitled to remuneration calculated by applying the Compensation Agreement percentages to the estate asset values (using a median valuation method for the Residence at the end of year one where direct evidence was lacking); the charging clause was later declared valid by the court such that professional fees charged by the executor's firm are payable by the estate; and costs of this reference are payable as special...

Court Disposition

Accounts passed with specified adjustments; executor remuneration and estate expenses allowed as detailed; costs of the reference payable as special costs from the estate

Orders

  • City of Delta utility tax $645.70 charged to estate as whole (not against Brent's share)
  • Swadden & Company invoice $1377.60 allowed as estate expense (not charged to Brent)