Lowe (Estate)

Lowe (Estate)

The court confirmed the Registrar's reductions to the accounts of the estate's professionals, rejected the Registrar's nominal fee for the executrix and awarded her no fee because she effectively delegated virtually all responsibilities, failed to monitor retained professionals, and caused measurable losses to beneficiaries; the executrix is denied her costs and ordered to pay the beneficiaries' costs as double costs for three and one-half days (including costs of these proceedings).

Citation
2002 BCSC 813
Parties
Executrix of the Estate of Lilian Lai Lien Lowe: Beverly D. Hoy; Beneficiary of the Estate of Lilian Lai Lien Lowe: Brenda Lowe; Beneficiary of the Estate of Lilian Lai Lien Lowe: Donna Lowe
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 May 2002
Procedural Posture
Estate Administration Passing of Accounts / Confirmation Hearing on Registrar's Report and Application to Vary the Report
Outcome
Partially confirmed in favor of beneficiaries; executrix's fee disallowed and executrix ordered to pay beneficiaries' costs as double costs for specified days; Registrar's report otherwise confirmed
Legal Topics
Executor Remuneration, Passing of Accounts, Confirmation of Registrar's Report, Special Costs Vs Double Costs, Fiduciary Duty and Delegation, Taxation of Accounts, Professional Fees
Source Language
English
Wills and Estates Civil Procedure Costs Executor Remuneration Passing of Accounts Confirmation of Registrar's Report Special Costs Vs Double Costs Fiduciary Duty and Delegation +2 more

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Parties

Beverly D. Hoy

Executrix of the Estate of Lilian Lai Lien Lowe

Brenda Lowe

Beneficiary of the Estate of Lilian Lai Lien Lowe

Donna Lowe

Beneficiary of the Estate of Lilian Lai Lien Lowe

Procedural Posture

Estate Administration Passing of Accounts / Confirmation Hearing on Registrar's Report and Application to Vary the Report

Legal Issues

  1. 1 Whether the Registrar's report and recommendations should be varied or rejected
  2. 2 Proper remuneration for the executrix for interim administration of the estate
  3. 3 Whether the executrix should be ordered to pay the beneficiaries' costs and in what scale (special or double)

Ratio Decidendi

The court confirmed the Registrar's reductions to the accounts of the estate's professionals, rejected the Registrar's nominal fee for the executrix and awarded her no fee because she effectively delegated virtually all responsibilities, failed to monitor retained professionals, and caused measurable losses to beneficiaries; the executrix is denied her costs and ordered to pay the beneficiaries' costs as double costs for three and one-half days (including costs of these proceedings).

Court Disposition

Partially confirmed in favor of beneficiaries; executrix's fee disallowed and executrix ordered to pay beneficiaries' costs as double costs for specified days; Registrar's report otherwise confirmed

Orders

  • Registrar's report and recommendations as they relate to Mr. Bergmann and Mr. Inglis are confirmed and their accounts are allowed as recommended
  • The Registrar's recommendation that Beverly D. Hoy receive a fee of $500.00 is rejected