Estate of Myrtle Evertt Peterson, Re:

Estate of Myrtle Evertt Peterson, Re:

On the balance of probabilities the Registrar certified the executor's accounts with adjustments: added a presumed CPP death benefit of $2,500 to estate assets unless proved otherwise; found rent accounting sufficient and certified rent receipts; disallowed claimed corporate loans to the deceased as unproven and removed them from liabilities; allowed reimbursement of farm repair costs ($68,122.58) as reasonable and necessary; allowed indemnity from the estate for legal fees to the limited extent of $25,000 as reasonably incurred in executor duties; and allowed executor remuneration of $24,327.67 (3%), resulting in funds available for distribution $57,032.26. The claimant (executor) bore...

Citation
2011 BCSC 223
Parties
Estate: Estate of Myrtle Evertt Peterson; Executor: Berton Benjamin Andrew Evertt; Beneficiary: Deanna Mae Evertt Leadbeater; Beneficiary: Deborah Rae Raschpichler; Spouse: Leonard Peterson; Statutory Representative for Disabled Beneficiaries: Public Guardian and Trustee; Mortgagee: Bridgewater Bank
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 February 2011
Procedural Posture
Probate Passing of Executor's Accounts / Reference to Registrar for Inquiry, Assessment and Certification of Executor's Accounts (passing of Accounts Hearing)
Legal Topics
Executor Remuneration, Accounting of Estate Assets and Liabilities, Wills Act S.11 Witness Disqualification, CPP Death Benefit, Loans Between Family and Corporate Entities, Reimbursement for Repairs to Estate Property, Indemnity for Legal Costs, Burden of Proof for Claimed Debts
Source Language
English
Estate Law Probate Trusts Wills Variation Civil Litigation Real Property/foreclosure Executor Remuneration Accounting of Estate Assets and Liabilities +6 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Party arguments 2
Sign in to unlock

Parties

Estate of Myrtle Evertt Peterson

Estate

Berton Benjamin Andrew Evertt

Executor

Deanna Mae Evertt Leadbeater

Beneficiary

Deborah Rae Raschpichler

Beneficiary

Leonard Peterson

Spouse

Public Guardian and Trustee

Statutory Representative for Disabled Beneficiaries

Bridgewater Bank

Mortgagee

Procedural Posture

Probate Passing of Executor's Accounts / Reference to Registrar for Inquiry, Assessment and Certification of Executor's Accounts (passing of Accounts Hearing)

Legal Issues

  1. 1 Whether CPP death benefit should be included as estate asset
  2. 2 Whether rent received was fully accounted for
  3. 3 Whether claimed loans from executor's companies to the deceased are liabilities of the estate

Ratio Decidendi

On the balance of probabilities the Registrar certified the executor's accounts with adjustments: added a presumed CPP death benefit of $2,500 to estate assets unless proved otherwise; found rent accounting sufficient and certified rent receipts; disallowed claimed corporate loans to the deceased as unproven and removed them from liabilities; allowed reimbursement of farm repair costs ($68,122.58) as reasonable and necessary; allowed indemnity from the estate for legal fees to the limited extent of $25,000 as reasonably incurred in executor duties; and allowed executor remuneration of $24,327.67 (3%), resulting in funds available for distribution $57,032.26. The claimant (executor) bore...