Deagle v. Deagle Estate

Deagle v. Deagle Estate

The administrator's persistent failure to fulfil duties and refusal to vacate the estate property caused unnecessary delay and expense; accordingly specific costs and disbursements arising from that conduct must be borne personally by the former administrator rather than by the estate. The Court taxed and approved...

Source-derived case information.

Citation
2019 NSSC 70
Parties
Applicant/beneficiary: Steven Deagle; Respondent/deceased's Estate: The Estate of Mary Catherine Deagle; Former Administrator/personal Representative/beneficiary: John "Jack" Deagle; Beneficiary: Lynn Graham
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 February 2019
Procedural Posture
Estate/probate / Costs Determination and Consequential Disposition After Removal of Administrator
Outcome
Administrator removed (or required to renounce) and costs allocated between estate and former administrator as set out; matter remitted to Registrar for closing/accounting and commission determinations.
Legal Topics
Removal of Administrator, Allocation of Estate Costs, Personal Representative Duties and Liabilities, Sheriff Enforcement and Eviction Costs
Source Language
english
Probate Law Estate Administration Civil Procedure Costs Law Removal of Administrator Allocation of Estate Costs Personal Representative Duties and Liabilities Sheriff Enforcement and Eviction Costs

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Parties

Steven Deagle

Applicant/beneficiary

The Estate of Mary Catherine Deagle

Respondent/deceased's Estate

John "Jack" Deagle

Former Administrator/personal Representative/beneficiary

Lynn Graham

Beneficiary

Procedural Posture

Estate/probate / Costs Determination and Consequential Disposition After Removal of Administrator

Legal Issues

  1. 1 Whether the administrator should be removed for failing to perform duties and refusing to vacate estate property
  2. 2 Whether and to what extent legal fees and disbursements should be paid out of the estate or personally by the administrator
  3. 3 Whether Sheriff's removal fees and related cleanup costs should be borne by the estate or by the recalcitrant administrator

Ratio Decidendi

The administrator's persistent failure to fulfil duties and refusal to vacate the estate property caused unnecessary delay and expense; accordingly specific costs and disbursements arising from that conduct must be borne personally by the former administrator rather than by the estate. The Court taxed and approved the legal accounts and apportioned responsibility: certain proportions of the proctor's and applicants' legal accounts are payable by the estate, with the larger shares payable by the administrator from his distributive share (and personally for any shortfall); Sheriff's fees and prior Registrar deductions remain payable from the administrator's share as ordered.

Court Disposition

Administrator removed (or required to renounce) and costs allocated between estate and former administrator as set out; matter remitted to Registrar for closing/accounting and commission determinations.

Orders

  • Sheriff removal fees of CAD 380.57 to be paid personally by John "Jack" Deagle.
  • Proctor (Boyne Clarke LLP) pre-bill/taxed account of CAD 10,358.45 approved; 50% (CAD 5,179.22) to be paid from the estate and 50% (CAD 5,179.22) to be paid from John "Jack" Deagle's distributive share (priority to other orders).