Le Gallais Estate (Re)

Le Gallais Estate (Re)

The registrar found the estate administration was simple, the executrix duplicated some solicitor work and performed unnecessary tasks; applying Trustee Act s.88 criteria the appropriate executrix remuneration is $25,000, and applying s.71 LPA the necessary and proper solicitor work warranted a reduced legal account of $6,261 (including taxes and disbursements).

Citation
2018 BCSC 388
Parties
Executrix and Applicant/solicitor: Constance Dora Isherwood; Beneficiary: Victoria Hospice Society; Beneficiary: Salvation Army; Beneficiary: Alzheimer Society of B.C.; Beneficiary: Christ Church Cathedral; Beneficiary: Heart and Stroke Foundation of B.C. and Yukon; Beneficiary: The Arthritis Society, B.C. and Yukon Division; Estate: Estate of Lorna Le Gallais, Deceased
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 March 2018
Procedural Posture
Estate Accounting Reference / Probate / Registrar/master Reference to Assess Executrix Remuneration and Review Solicitor's Bill Pursuant to Court Order of August 31, 2017
Outcome
Executrix's remuneration fixed at $25,000; legal account of Holmes and Isherwood allowed at $6,261 inclusive of taxes and disbursements; costs of the reference not determined by the registrar
Legal Topics
Executor Remuneration, Assessment of Legal Fees, Bill Review, Probate Accounting, Costs (scope Issue)
Source Language
English
Wills and Estates Probate Trusts Legal Profession Act Review Executor Remuneration Assessment of Legal Fees Bill Review Probate Accounting +1 more

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Parties

Constance Dora Isherwood

Executrix and Applicant/solicitor

Victoria Hospice Society

Beneficiary

Salvation Army

Beneficiary

Alzheimer Society of B.C.

Beneficiary

Christ Church Cathedral

Beneficiary

Heart and Stroke Foundation of B.C. and Yukon

Beneficiary

The Arthritis Society, B.C. and Yukon Division

Beneficiary

Estate of Lorna Le Gallais, Deceased

Estate

Procedural Posture

Estate Accounting Reference / Probate / Registrar/master Reference to Assess Executrix Remuneration and Review Solicitor's Bill Pursuant to Court Order of August 31, 2017

Legal Issues

  1. 1 Whether the executrix is entitled to remuneration and in what amount under Trustee Act s.88 and the will
  2. 2 Whether the solicitor's bill is reasonable and allowable on review under s.71 of the Legal Profession Act
  3. 3 Whether solicitor work duplicated executor tasks and should be disallowed or reduced

Ratio Decidendi

The registrar found the estate administration was simple, the executrix duplicated some solicitor work and performed unnecessary tasks; applying Trustee Act s.88 criteria the appropriate executrix remuneration is $25,000, and applying s.71 LPA the necessary and proper solicitor work warranted a reduced legal account of $6,261 (including taxes and disbursements).

Court Disposition

Executrix's remuneration fixed at $25,000; legal account of Holmes and Isherwood allowed at $6,261 inclusive of taxes and disbursements; costs of the reference not determined by the registrar

Orders

  • The legal account of Holmes and Isherwood is allowed at $6,261.00 inclusive of taxes and disbursements.
  • The executrix's remuneration is determined at $25,000.