Collett Estate

Collett Estate

Because the executor was unduly slow in administration after the first passing, the court reduced the fees claimed for the later accounting periods, allowed payment of the unpaid portion of prior allowed fees, passed solicitors' accounts for the period before May 31, 2013, and ordered the specified payments to the applicant beneficiary as an advance and costs; the reductions reflect the effect of delay on appropriate compensation.

Citation
2017 BCSC 473
Parties
Executor and Trustee: Robert Baird; Applicant and Beneficiary: Paula Collett; Deceased/testator: John Allan Collett; Beneficiary: Pamela Thiele (Ferman); Minor Beneficiary: Katrina Loquino
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 March 2017
Procedural Posture
Estate Administration / Probate / Hearing on Passings of Accounts, Executor Remuneration, Expenses and Beneficiary Claims (final Directions)
Outcome
Second and third passings of accounts allowed subject to reductions for delay; unpaid portion of first allowed fees payable; solicitors' accounts for Nov 16, 2008 to May 31, 2013 allowed; applicant awarded an irrevocable advance and further costs; other claims dismissed; court remains seized for remaining...
Legal Topics
Executor Remuneration, Executor Expenses and Indemnity, Passing of Accounts, Advance on Inheritance, Costs, Delay in Administration, Conflict of Interest
Source Language
English
Wills and Estates Trusts Probate Civil Procedure Executor Remuneration Executor Expenses and Indemnity Passing of Accounts Advance on Inheritance +3 more

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Parties

Robert Baird

Executor and Trustee

Paula Collett

Applicant and Beneficiary

John Allan Collett

Deceased/testator

Pamela Thiele (Ferman)

Beneficiary

Katrina Loquino

Minor Beneficiary

Procedural Posture

Estate Administration / Probate / Hearing on Passings of Accounts, Executor Remuneration, Expenses and Beneficiary Claims (final Directions)

Legal Issues

  1. 1 Whether executor's claimed remuneration for second and third accounting periods should be allowed in full
  2. 2 Whether executor's expenses and solicitors' accounts are payable from the estate
  3. 3 Whether applicant beneficiary is entitled to an advance equal to amount already paid to another beneficiary and to costs

Ratio Decidendi

Because the executor was unduly slow in administration after the first passing, the court reduced the fees claimed for the later accounting periods, allowed payment of the unpaid portion of prior allowed fees, passed solicitors' accounts for the period before May 31, 2013, and ordered the specified payments to the applicant beneficiary as an advance and costs; the reductions reflect the effect of delay on appropriate compensation.

Court Disposition

Second and third passings of accounts allowed subject to reductions for delay; unpaid portion of first allowed fees payable; solicitors' accounts for Nov 16, 2008 to May 31, 2013 allowed; applicant awarded an irrevocable advance and further costs; other claims dismissed; court remains seized for remaining...

Orders

  • Pay executor unpaid portion of previously allowed remuneration $2,806.74 to Robert Baird forthwith
  • Second accounting fee request of $1,047.61 reduced by $500; allowed amount $547.61