Chute Estate (Re)

Chute Estate (Re)

The registrar certified the executor's accounts passed subject to specified corrections, allowed the April 16, 2012 Coleman Fraser probate bill as presented, reduced the August 28, 2012 bill to $12,361.32 (including allowing $4,500 for Michael Coleman's time), and fixed the executor's total remuneration at $15,000 (inclusive of previously reimbursed out-of-pocket expenses); the existence of the original retainer agreement justified maintaining the first percentage-based bill despite being arguably excessive, and the poor bargain struck with counsel justified reducing the executor's claimed fee.

Citation
2014 BCSC 344
Parties
Executor: Wayne Chute; Beneficiary: Patricia Nnyamah; Beneficiary: Sandra Chute
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 March 2014
Procedural Posture
Estate Administration Passing of Accounts and Solicitor Bill Review / Reference to Registrar; Reasons for Decision Following Hearing
Outcome
Accounts certified passed subject to corrections; executor remuneration fixed at $15,000 inclusive of expenses; Coleman Fraser April 16, 2012 bill allowed as presented; Coleman Fraser August 28, 2012 bill allowed at $12,361.32; parties directed to submit written submissions on remedy for overcharge by deadline.
Legal Topics
Executor Remuneration, Solicitor Bill Review Under LPA S.71, Probate Fees, Assessment Vs Review (rule 14 1)
Source Language
English
Estate Law Trusts Probate Legal Profession Regulation Wills Variation Executor Remuneration Solicitor Bill Review Under LPA S.71 Probate Fees +1 more

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Parties

Wayne Chute

Executor

Patricia Nnyamah

Beneficiary

Sandra Chute

Beneficiary

Procedural Posture

Estate Administration Passing of Accounts and Solicitor Bill Review / Reference to Registrar; Reasons for Decision Following Hearing

Legal Issues

  1. 1 Whether solicitor's probate-related percentage fee and subsequent counsel charges were reasonable under LPA s.71
  2. 2 Whether beneficiaries are entitled to a review of solicitor's bills despite estate having paid them
  3. 3 Appropriate quantum of executor's remuneration under Trustee Act s.88 given the retainer and administration involved

Ratio Decidendi

The registrar certified the executor's accounts passed subject to specified corrections, allowed the April 16, 2012 Coleman Fraser probate bill as presented, reduced the August 28, 2012 bill to $12,361.32 (including allowing $4,500 for Michael Coleman's time), and fixed the executor's total remuneration at $15,000 (inclusive of previously reimbursed out-of-pocket expenses); the existence of the original retainer agreement justified maintaining the first percentage-based bill despite being arguably excessive, and the poor bargain struck with counsel justified reducing the executor's claimed fee.

Court Disposition

Accounts certified passed subject to corrections; executor remuneration fixed at $15,000 inclusive of expenses; Coleman Fraser April 16, 2012 bill allowed as presented; Coleman Fraser August 28, 2012 bill allowed at $12,361.32; parties directed to submit written submissions on remedy for overcharge by deadline.

Orders

  • The executor's accounts for Dec 24, 2011 to June 20, 2013 are audited, taken and passed subject to corrections and adjustments specified in reasons
  • Executor awarded total remuneration of $15,000 inclusive of out-of-pocket expenses and care-and-management fee