Stolarchuk Estate (Re)

Stolarchuk Estate (Re)

The registrar found the accounts accurate except for an overpayment issue which is to be treated within remuneration; the executor was entitled to the survivorship funds and was not compelled to share the joint sums; delays and conduct did not establish that the executor must repay the estate but did justify limiting remuneration to a modest sum; accordingly the executor's total and final remuneration was fixed at $3,000 inclusive of any outstanding reimbursement and the legal bills of Mont & Walker were allowed as presented; accounts to be adjusted and distributed accordingly.

Citation
2011 BCSC 1681
Parties
Executor: Patricia Egeli; Beneficiary: David Stolarchuk; Beneficiary: Ernie Stolarchuk; Beneficiary: Debbie Beattie; Deceased: Mary Stolarchuk
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 December 2011
Procedural Posture
Estate Administration Passing of Accounts / Registrar Hearing and Decision (passing of Executor's Accounts)
Outcome
Accounts passed with one exception (overpayment) and adjusted; executor remuneration fixed at $3,000 inclusive; legal bills allowed as presented; costs of passing of accounts to be treated as special costs under Rule 14-1(3) with assessment or agreement to follow
Legal Topics
Executor Remuneration, Passing of Accounts, Executor's Year, Right of Survivorship, Costs Assessment
Source Language
English
Wills and Estates Trusts Civil Procedure Professional Costs Executor Remuneration Passing of Accounts Executor's Year Right of Survivorship +1 more

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Parties

Patricia Egeli

Executor

David Stolarchuk

Beneficiary

Ernie Stolarchuk

Beneficiary

Debbie Beattie

Beneficiary

Mary Stolarchuk

Deceased

Procedural Posture

Estate Administration Passing of Accounts / Registrar Hearing and Decision (passing of Executor's Accounts)

Legal Issues

  1. 1 Whether executor was entitled to joint GIC and joint account funds by right of survivorship
  2. 2 Whether the executor's conduct and delay justified claimed remuneration and reimbursement
  3. 3 Appropriate measure of executor's remuneration (capital fee and care and management fee)

Ratio Decidendi

The registrar found the accounts accurate except for an overpayment issue which is to be treated within remuneration; the executor was entitled to the survivorship funds and was not compelled to share the joint sums; delays and conduct did not establish that the executor must repay the estate but did justify limiting remuneration to a modest sum; accordingly the executor's total and final remuneration was fixed at $3,000 inclusive of any outstanding reimbursement and the legal bills of Mont & Walker were allowed as presented; accounts to be adjusted and distributed accordingly.

Court Disposition

Accounts passed with one exception (overpayment) and adjusted; executor remuneration fixed at $3,000 inclusive; legal bills allowed as presented; costs of passing of accounts to be treated as special costs under Rule 14-1(3) with assessment or agreement to follow

Orders

  • The executor's accounts are passed except that the overpayment to the executor is to be dealt with as part of her remuneration and the accounts shall be adjusted accordingly
  • The executor receive as full and final remuneration the sum of $3,000, inclusive of any monies claimed for outstanding expense reimbursement