HIllis Estate

HIllis Estate

Court confirmed registrar: executor acted unreasonably in undertaking subdivision without requisite prudence, budget, oversight or beneficiary consent and placed himself in conflict of interest; some repairs and improvements to the homesite were reasonable and chargeable to the estate, but the executor must disgorge a measured portion of the benefits he and his related entities received—court ordered repayment of 50,000 CAD, denied executor remuneration under s.88, and allocated specific legal fee liabilities and special costs to the executor or his portion of the estate.

Citation
2015 BCSC 208
Parties
Applicant/executor: Calvin Shane Hillis; Respondent/beneficiary: Harreese Fern Shea; Deceased/testator: Iris Jean Hillis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 January 2015
Procedural Posture
Probate and Estate Administration (passing of Accounts) / Application to Court Following Registrar's Report and Registrar's Hearing; Passing of Accounts
Outcome
Application partially granted: registrar's finding that subdivision was not a decision a reasonably prudent executor would make is confirmed; some repairs allowed; repayment and cost allocation ordered.
Legal Topics
Executor Remuneration, Breach of Trust, Passing of Accounts, Subdivision of Estate Property, Conflict of Interest, S.96 Relief, Allocation of Legal Costs
Source Language
English
Trusts and Estates Probate Property Law Civil Procedure Executor Remuneration Breach of Trust Passing of Accounts Subdivision of Estate Property +3 more

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Parties

Calvin Shane Hillis

Applicant/executor

Harreese Fern Shea

Respondent/beneficiary

Iris Jean Hillis

Deceased/testator

Procedural Posture

Probate and Estate Administration (passing of Accounts) / Application to Court Following Registrar's Report and Registrar's Hearing; Passing of Accounts

Legal Issues

  1. 1 Whether the executor acted with reasonable prudence in subdividing estate land
  2. 2 Whether repairs and improvements to the homesite were reasonable and chargeable to the estate
  3. 3 Whether monies paid to the executor, his companies, or family must be repaid to the estate

Ratio Decidendi

Court confirmed registrar: executor acted unreasonably in undertaking subdivision without requisite prudence, budget, oversight or beneficiary consent and placed himself in conflict of interest; some repairs and improvements to the homesite were reasonable and chargeable to the estate, but the executor must disgorge a measured portion of the benefits he and his related entities received—court ordered repayment of 50,000 CAD, denied executor remuneration under s.88, and allocated specific legal fee liabilities and special costs to the executor or his portion of the estate.

Court Disposition

Application partially granted: registrar's finding that subdivision was not a decision a reasonably prudent executor would make is confirmed; some repairs allowed; repayment and cost allocation ordered.

Orders

  • Registrar's recommendation that executor receive no remuneration under s.88 of the Trustee Act is confirmed
  • Executor ordered to repay the estate 50000 CAD