Dirnberger Estate

Dirnberger Estate

The accounts are approved subject to specified disallowances; certain claimed expenses were disallowed as not reasonably or properly incurred (computer purchase, consultant Watson fees, certain transcripts); modest reductions to other items were ordered; executor remuneration claimed as $66,008.74 was excessive and a fair fee of $22,500 was awarded payable from the estate; respondent's special costs for the passing of accounts are payable from the estate; part of Richter Trial Lawyers' fees ($2,000) and certain disallowed expenses must be borne personally by Mr. Chase.

Citation
2016 BCSC 1381
Parties
Former Executor; Applicant; Beneficiary: Madeson (M.) Chase; Respondent; Beneficiary; Substituted Executrix: Sonja Dirnberger; Deceased: Ludwig Dirnberger
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 July 2016
Procedural Posture
Estate Administration Passing of Accounts (reference) / Master's Reasons for Decision Following Four Day Hearing
Outcome
Accounts passed with reductions; specific expenses disallowed and to be paid personally by M. Chase; executor remuneration fixed at $22,500 payable from the estate; respondent's special costs of the passing of accounts to be paid from the estate; certain legal fees of Richter Trial Lawyers allowed from the estate...
Legal Topics
Executor Remuneration, Passing of Accounts, Estate Administration, Executor Removal, Special Costs, Tax Disclosure, Foreign Bank Accounts
Source Language
English
Trusts and Estates Civil Procedure Tax Law Executor Remuneration Passing of Accounts Estate Administration Executor Removal Special Costs +2 more

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Parties

Madeson (M.) Chase

Former Executor; Applicant; Beneficiary

Sonja Dirnberger

Respondent; Beneficiary; Substituted Executrix

Ludwig Dirnberger

Deceased

Procedural Posture

Estate Administration Passing of Accounts (reference) / Master's Reasons for Decision Following Four Day Hearing

Legal Issues

  1. 1 Whether specific expenses claimed by the executor were reasonably and properly incurred and recoverable from the estate
  2. 2 Whether the executor's claimed remuneration under s.88 Trustee Act was fair and reasonable
  3. 3 Whether special costs of the beneficiary should be paid from the estate or personally by the former executor

Ratio Decidendi

The accounts are approved subject to specified disallowances; certain claimed expenses were disallowed as not reasonably or properly incurred (computer purchase, consultant Watson fees, certain transcripts); modest reductions to other items were ordered; executor remuneration claimed as $66,008.74 was excessive and a fair fee of $22,500 was awarded payable from the estate; respondent's special costs for the passing of accounts are payable from the estate; part of Richter Trial Lawyers' fees ($2,000) and certain disallowed expenses must be borne personally by Mr. Chase.

Court Disposition

Accounts passed with reductions; specific expenses disallowed and to be paid personally by M. Chase; executor remuneration fixed at $22,500 payable from the estate; respondent's special costs of the passing of accounts to be paid from the estate; certain legal fees of Richter Trial Lawyers allowed from the estate...

Orders

  • The accounts of Madeson Chase for period Sept 21, 2011 to Mar 15, 2016 are approved except that disallowed expenses must be paid personally by Madeson Chase
  • Madeson Chase shall receive $22,500 as executor's remuneration payable from the estate