Re, Bryce Estate of

Re, Bryce Estate of

The court held that the advances to Colin Fox remained loans payable to the estate; post‑vacatur insurance and most property taxes and the repairs that maintained or increased the property's value were proper estate expenses; interest on personal funds advanced by the executrix was not allowed because estate funds were available; the executrix was entitled to an allowance of 2.75% of the value of assets and income; rent for the executrix's occupation was fixed at $800 per month for the period July 1, 2000 to July 1, 2003; real estate commission is only an estate expense upon sale; and the executrix is awarded costs at Scale 3 against Mr. Fox.

Citation
2003 BCSC 706
Parties
Executrix / Applicant (appearing for the Estate): Colleen Marilyn Bryce; Beneficiary / Respondent: Colin Fox; Estate / Subject of Probate: Estate of Ian John Bryce (deceased)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 May 2003
Procedural Posture
Probate Passing of Accounts / Reference to Registrar to Pass Accounts and Report to Court (hearing of Accounts)
Outcome
Accounts approved subject to specified adjustments and orders
Legal Topics
Executor/executrix Accounts, Life Estate Obligations, Estate Administration Expenses, Characterization of Loans Vs Gifts, Executor Remuneration, Rental Allowance, Real Estate Liquidation Costs, Costs
Source Language
English
Estates Probate Trusts Property Law Fiduciary Duty Executor/executrix Accounts Life Estate Obligations Estate Administration Expenses +5 more

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Parties

Colleen Marilyn Bryce

Executrix / Applicant (appearing for the Estate)

Colin Fox

Beneficiary / Respondent

Estate of Ian John Bryce (deceased)

Estate / Subject of Probate

Procedural Posture

Probate Passing of Accounts / Reference to Registrar to Pass Accounts and Report to Court (hearing of Accounts)

Legal Issues

  1. 1 Whether advances to Colin Fox were loans payable to the estate or gifts
  2. 2 Whether post‑vacatur insurance, taxes and other expenses of the residence are estate expenses or liabilities of the life tenant/current occupant
  3. 3 Whether miscellaneous repairs performed after vacatur are estate expenses or personal benefit expenses

Ratio Decidendi

The court held that the advances to Colin Fox remained loans payable to the estate; post‑vacatur insurance and most property taxes and the repairs that maintained or increased the property's value were proper estate expenses; interest on personal funds advanced by the executrix was not allowed because estate funds were available; the executrix was entitled to an allowance of 2.75% of the value of assets and income; rent for the executrix's occupation was fixed at $800 per month for the period July 1, 2000 to July 1, 2003; real estate commission is only an estate expense upon sale; and the executrix is awarded costs at Scale 3 against Mr. Fox.

Court Disposition

Accounts approved subject to specified adjustments and orders

Orders

  • Outstanding loan of $34,493 (less amounts previously repaid) to be repaid to the estate
  • Insurance premiums for the estate property (2000, 2001, 2002 entries) allowed as estate expenses