Wilcox v. Wilcox

Wilcox v. Wilcox

The Court declined to determine the substantive questions about payment of executors' expenses from estate assets on this supplementary panel; the proper course is to separate and determine executors' accounts (distinguishing estate administration costs from personal defence costs) when the accounts are passed before a Master or Registrar, and the Court will only consider reopening the appeal if fresh grounds justifying variation are presented in written submissions.

Citation
2002 BCCA 574
Parties
Respondent (plaintiff): Rose-Marie Wilcox; Appellant (defendant): Robert Lee Wilcox; Appellant (defendant): Roberta Lynn Marshman; Appellant (defendant): Anne-Louise Sadler; Appellant (defendant): Elsie Wilcox; Appellant (defendant): Roy Wilcox; Appellant (defendant): Estate of the late Edith Mary Wilcox also known as E. Wilcox and E.M. Wilcox
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
21 October 2002
Procedural Posture
Appeal Under the Wills Variation Act / Supplementary Reasons of the Court of Appeal Regarding Executors' Costs After Judgment and Formal Order
Outcome
Supplementary reasons issued: Court refuses to decide the executors' costs question on this panel and directs that the issue be resolved when the executors' accounts are passed; invites written submissions if counsel contend grounds exist to reopen the appeal.
Legal Topics
Executor Costs, Passing of Accounts, Party Joinder, Separation of Estate and Personal Costs, Jurisdiction to Vary or Interpret Appellate Orders
Source Language
English
Wills Variation Estate Administration Probate Civil Procedure Costs Appeal Jurisdiction Executor Costs Passing of Accounts +3 more

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Parties

Rose-Marie Wilcox

Respondent (plaintiff)

Robert Lee Wilcox

Appellant (defendant)

Roberta Lynn Marshman

Appellant (defendant)

Anne-Louise Sadler

Appellant (defendant)

Elsie Wilcox

Appellant (defendant)

Roy Wilcox

Appellant (defendant)

Estate of the late Edith Mary Wilcox also known as E. Wilcox and E.M. Wilcox

Appellant (defendant)

Procedural Posture

Appeal Under the Wills Variation Act / Supplementary Reasons of the Court of Appeal Regarding Executors' Costs After Judgment and Formal Order

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction at this stage to determine whether estate assets (the property or insurance proceeds) are liable to pay executors' expenses or legal fees
  2. 2 Whether executors who are also beneficiaries can charge estate assets for legal costs incurred in defending their personal interests
  3. 3 Whether the misnaming of the estate as a party affects entitlement to costs and the proper procedure for passing executors' accounts

Ratio Decidendi

The Court declined to determine the substantive questions about payment of executors' expenses from estate assets on this supplementary panel; the proper course is to separate and determine executors' accounts (distinguishing estate administration costs from personal defence costs) when the accounts are passed before a Master or Registrar, and the Court will only consider reopening the appeal if fresh grounds justifying variation are presented in written submissions.

Court Disposition

Supplementary reasons issued: Court refuses to decide the executors' costs question on this panel and directs that the issue be resolved when the executors' accounts are passed; invites written submissions if counsel contend grounds exist to reopen the appeal.

Orders

  • Counsel may provide written submissions on the question of jurisdiction and interpretation of the appellate order on a schedule to be stipulated by the Registrar of the Court of Appeal
  • Issues concerning what estate assets (the property or insurance proceeds) may be applied to payment of estate expenses or legal fees are to be determined at the passing of the executors' accounts before the appropriate Registrar or Master