Wong Estate (Re)

Wong Estate (Re)

The registrar found Solus's accounts largely met the requirements and the contested calculations were sufficiently explained, but identified costly administrative errors and deficiencies in support for some special fees and legal charges; exercising discretion the registrar reduced ordinary fees by $10,000, special fees by $5,000, and legal expenses by $7,500, otherwise allowing the legal accounts and permitting Solus to submit a certificate for signature.

Citation
2021 BCSC 1786
Parties
Former Executor: Paul Albi, QC; Executor: Alfred Wong; Administrator Pending Litigation: Solus Trust Company Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 September 2021
Procedural Posture
Passing of Accounts; Estate Administration / Registrar Hearing Passing of Accounts and Certification
Outcome
Accounts partially approved with specified fee reductions; registrar to certify results and issue certificate for signature
Legal Topics
Passings of Accounts, Trustee Fees and Fee Agreements, Care and Management Fees, Special Fees, Reimbursement of Expenses, Legal Costs Allocation, Foreign Asset Administration, Succession Tax
Source Language
English
Estate Administration Trusts Probate Fiduciary Duties Professional Negligence Taxation Passings of Accounts Trustee Fees and Fee Agreements +6 more

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Parties

Paul Albi, QC

Former Executor

Alfred Wong

Executor

Solus Trust Company Ltd.

Administrator Pending Litigation

Procedural Posture

Passing of Accounts; Estate Administration / Registrar Hearing Passing of Accounts and Certification

Legal Issues

  1. 1 Whether Solus Trust's accounts are accurate and sufficiently detailed
  2. 2 Whether Solus's fees (general, care and management, capital) are reasonable and correctly calculated under the fee agreement
  3. 3 Whether special fees are justified and supported by records and witnesses

Ratio Decidendi

The registrar found Solus's accounts largely met the requirements and the contested calculations were sufficiently explained, but identified costly administrative errors and deficiencies in support for some special fees and legal charges; exercising discretion the registrar reduced ordinary fees by $10,000, special fees by $5,000, and legal expenses by $7,500, otherwise allowing the legal accounts and permitting Solus to submit a certificate for signature.

Court Disposition

Accounts partially approved with specified fee reductions; registrar to certify results and issue certificate for signature

Orders

  • Reduce ordinary fees claimed by Solus Trust Company Ltd. by $10,000.00 CAD.
  • Reduce special fees claimed by Solus Trust Company Ltd. by $5,000.00 CAD.