Watson v. Strong

Watson v. Strong

Applying s.88 of the Trustee Act and the Re McColl criteria, the registrar found Marian obstructed administration and provided no basis for remuneration; Rick demonstrated time, skill, responsibility and achieved the sale of the sole asset; accordingly Rick's interim accounts are passed, legal accounts are allowed as estate expenses, and an interim capital executor's fee of 4.5% of the gross estate ($1,025,000) is awarded to Rick ($46,125), with Marian's claim for remuneration dismissed; minor accounting correction for a possible duplicate bailiff payment to be made.

Citation
2016 BCSC 1897
Parties
Petitioner/executor: William Frederick Watson; Respondent/beneficiary/former Executor: Marian G. Strong; Respondent/occupant/interested Party: Gordon Watson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 October 2016
Procedural Posture
Estate Administration (passing of Accounts and Executor Remuneration) / Registrar's Hearing Interim Passing of Accounts
Outcome
Accounts of William Frederick Watson passed; legal accounts allowed; Marian Strong's claim for executor remuneration dismissed; interim executor capital fee of 4.5% ($46,125) awarded to William Watson; costs of this hearing payable as special costs from the estate.
Legal Topics
Executor Remuneration, Passing of Accounts, Sale of Estate Property, Executor Removal, Legal Fees Review, Principal Residence Exemption
Source Language
English
Estate Law Trusts and Trustees Civil Procedure Costs Executor Remuneration Passing of Accounts Sale of Estate Property Executor Removal +2 more

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Parties

William Frederick Watson

Petitioner/executor

Marian G. Strong

Respondent/beneficiary/former Executor

Gordon Watson

Respondent/occupant/interested Party

Procedural Posture

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

Legal Issues

  1. 1 Whether the executor William F. Watson's accounts should be passed
  2. 2 Whether Marian G. Strong is entitled to executor's remuneration (capital fee and care and management fee)
  3. 3 Fixing interim executor's remuneration for William F. Watson

Ratio Decidendi

Applying s.88 of the Trustee Act and the Re McColl criteria, the registrar found Marian obstructed administration and provided no basis for remuneration; Rick demonstrated time, skill, responsibility and achieved the sale of the sole asset; accordingly Rick's interim accounts are passed, legal accounts are allowed as estate expenses, and an interim capital executor's fee of 4.5% of the gross estate ($1,025,000) is awarded to Rick ($46,125), with Marian's claim for remuneration dismissed; minor accounting correction for a possible duplicate bailiff payment to be made.

Court Disposition

Accounts of William Frederick Watson passed; legal accounts allowed; Marian Strong's claim for executor remuneration dismissed; interim executor capital fee of 4.5% ($46,125) awarded to William Watson; costs of this hearing payable as special costs from the estate.

Orders

  • Accounts of William Frederick Watson are passed for the period February 28, 2010 to May 30, 2016
  • Interim executor's remuneration awarded to William Frederick Watson: capital fee 4.5% of gross estate ($1,025,000) = $46,125