Estate of Price, Deceased

The estate is insolvent under s.100 of the Estate Administration Act; under s.101(1)(b) the legal accounts of R. Madill and J. Dungate are priority claims and must be paid from the remaining trust funds held by Mr. Madill (with payment to Dungate contingent on release of executed transfer documents); taxed costs awarded to Viola Woodworth are general debts under s.101(1)(i) and do not receive priority over those accounts; executor Gerald Price must provide further affidavit and statement of account after the directed payments and document releases.

Citation: 2004 BCSC 1740
Parties: Estate: Estate of Colleen Mary Price, Deceased; Executor: Gerald Price; Former Co Executor: Eugene Price; Beneficiary / Former Executor: Viola Woodworth; Amicus (former Estate Solicitor): R. Madill; Solicitor / Creditor: J. Dungate
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 31 December 2004
Procedural Posture: Estate Administration and Accounting; Priority of Claims in an Insolvent Estate / In Chambers Hearing on Applications Following Master Baker's Report and Recommendations (post Master Report; Reasons for Judgment)
Outcome: Accounts of R. Madill and J. Dungate ordered paid from the remaining trust funds held by R. Madill; payment to J. Dungate conditional on his release of executed transfer documents; taxed costs of Viola Woodworth treated as general debt and not preferred; Gerald Price directed to provide further affidavit and...
Legal Topics: Executor Accounting, Insolvent Estate Priorities, Payment From Solicitor Trust Account, Tax Assessments and CCRA Payments, Release of Transfer Documents
Source Language: English

Estate Law Trusts and Estates Civil Procedure Taxation Law Executor Accounting Insolvent Estate Priorities Payment From Solicitor Trust Account Tax Assessments and CCRA Payments +1 more

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Parties

Estate of Colleen Mary Price, Deceased

Estate

Gerald Price

Executor

Eugene Price

Former Co Executor

Viola Woodworth

Beneficiary / Former Executor

R. Madill

Amicus (former Estate Solicitor)

J. Dungate

Solicitor / Creditor

Procedural Posture

Estate Administration and Accounting; Priority of Claims in an Insolvent Estate / In Chambers Hearing on Applications Following Master Baker's Report and Recommendations (post Master Report; Reasons for Judgment)

Legal Issues

1 Whether the estate is insolvent within s.100 of the Estate Administration Act
2 Which claims have priority under s.101 and whether legal accounts held in solicitor trust should be paid
3 Whether taxed costs awarded to a beneficiary can be preferred over other claims

Ratio Decidendi

Court Disposition

Accounts of R. Madill and J. Dungate ordered paid from the remaining trust funds held by R. Madill; payment to J. Dungate conditional on his release of executed transfer documents; taxed costs of Viola Woodworth treated as general debt and not preferred; Gerald Price directed to provide further affidavit and...

Orders

Order that the accounts of R. Madill ($26,396.76) and J. Dungate ($7,709.20) are to be paid from the remaining trust funds held by R. Madill
Order that payment of J. Dungate's account is contingent on his release of the executed transfer documents he holds so transfers may be completed