Bigras Estate (Re)

Bigras Estate (Re)

Accounts are passed with adjustments: Newport Law Corporation fees are excluded from estate liabilities pending further determination and to be borne by the executor for now; executor must reimburse the estate interest on monies used from the Joint Account at the registrar's rate; executor's total remuneration is fixed at $6,700 (approximately 2% of the gross aggregate estate) with no separate income or care and management fee; costs of the petition and reference are to be paid from the estate as special costs subject to assessment or agreement and judicial confirmation of the registrar's recommendation.

Citation
2011 BCSC 950
Parties
Petitioner: Tony Alex Georges Bigras; Respondent / Executor: Brian Andre Raoul Bigras
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 July 2011
Procedural Posture
Trust Administration Passing of Accounts (trustee Act S.99(3)) / Accounting Reference to Registrar; Report and Recommendation on Costs Following Hearing
Outcome
Accounts passed with specified exceptions and adjustments; executor remuneration reduced and fixed; certain legal fees excluded from estate liabilities pending further determination; interest on estate funds to be reimbursed.
Legal Topics
Executor Remuneration, Passing of Accounts, Costs, Co Mingling of Funds, Interest on Estate Funds, Distribution of Estate, Tax Filings
Source Language
English
Trusts and Estates Probate Estate Administration Civil Procedure Executor Remuneration Passing of Accounts Costs Co Mingling of Funds +3 more

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Parties

Tony Alex Georges Bigras

Petitioner

Brian Andre Raoul Bigras

Respondent / Executor

Procedural Posture

Trust Administration Passing of Accounts (trustee Act S.99(3)) / Accounting Reference to Registrar; Report and Recommendation on Costs Following Hearing

Legal Issues

  1. 1 Whether the executor is entitled to remuneration and the appropriate quantum
  2. 2 Whether executor legal fees should be charged to the estate
  3. 3 Whether executor must reimburse estate for use of estate funds and loss of interest

Ratio Decidendi

Accounts are passed with adjustments: Newport Law Corporation fees are excluded from estate liabilities pending further determination and to be borne by the executor for now; executor must reimburse the estate interest on monies used from the Joint Account at the registrar's rate; executor's total remuneration is fixed at $6,700 (approximately 2% of the gross aggregate estate) with no separate income or care and management fee; costs of the petition and reference are to be paid from the estate as special costs subject to assessment or agreement and judicial confirmation of the registrar's recommendation.

Court Disposition

Accounts passed with specified exceptions and adjustments; executor remuneration reduced and fixed; certain legal fees excluded from estate liabilities pending further determination; interest on estate funds to be reimbursed.

Orders

  • Registrar to certify accounting and findings; certificate binding when filed
  • Newport Law Corporation account of $268.80 removed as a capital transaction and not to be charged to the estate pending further court determination