Reagh Estate (Re)

Reagh Estate (Re)

Registrar allowed occupational rent at market equivalent $2,000/month for the first 12 months of the executor's occupancy and ordered the executor to pay an additional $12,000 plus court interest to the estate; approved basement suite rental accounting subject to loose recordkeeping; reimbursed out‑of‑pocket expenses except $211.68 for computer repair which was disallowed; found $184,652.84 in legal fees largely chargeable to the estate but deducted $25,000 for matters personal to the executor and required the executor to personally repay legal costs to transfer Pitt Lake lots into his name; awarded executor a capital fee of 1.5% of the estate and full care and management fee as claimed...

Citation
2021 BCSC 1807
Parties
Executor: Randy Dean Reagh; Respondent/beneficiary: Terence (Terry) Mervin Reagh; Respondent/beneficiary: Ronald Dennis Reagh; Estate: Estate of Euphemia Reagh, Deceased
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 September 2021
Procedural Posture
Passing of Accounts (estate Probate) / Reference to Registrar to Pass Accounts and Determine Remuneration, Costs and Review Legal Bills
Outcome
Accounts passed with specified adjustments and certifications by the registrar; partial allowance of legal indemnity and adjustment to executor remuneration and expenses
Legal Topics
Executor Remuneration, Occupational Rent, Unjust Enrichment, Legal Costs Review, Reimbursement of Out‑of‑pocket Expenses, Passing of Accounts, Foreshore/moorage Dispute
Source Language
English
Estate Law Trusts and Trustees Probate Civil Procedure Legal Profession Regulation Executor Remuneration Occupational Rent Unjust Enrichment +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Randy Dean Reagh

Executor

Terence (Terry) Mervin Reagh

Respondent/beneficiary

Ronald Dennis Reagh

Respondent/beneficiary

Estate of Euphemia Reagh, Deceased

Estate

Procedural Posture

Passing of Accounts (estate Probate) / Reference to Registrar to Pass Accounts and Determine Remuneration, Costs and Review Legal Bills

Legal Issues

  1. 1 Whether occupational rent should be charged and quantum for period executor occupied probate residence
  2. 2 Whether basement suite rental accounting properly credited to estate
  3. 3 Which out‑of‑pocket expenses are reimbursable from the estate

Ratio Decidendi

Registrar allowed occupational rent at market equivalent $2,000/month for the first 12 months of the executor's occupancy and ordered the executor to pay an additional $12,000 plus court interest to the estate; approved basement suite rental accounting subject to loose recordkeeping; reimbursed out‑of‑pocket expenses except $211.68 for computer repair which was disallowed; found $184,652.84 in legal fees largely chargeable to the estate but deducted $25,000 for matters personal to the executor and required the executor to personally repay legal costs to transfer Pitt Lake lots into his name; awarded executor a capital fee of 1.5% of the estate and full care and management fee as claimed...

Court Disposition

Accounts passed with specified adjustments and certifications by the registrar; partial allowance of legal indemnity and adjustment to executor remuneration and expenses

Orders

  • Executor to pay the estate $12,000 for occupational rent for first 12 months of occupancy plus court order interest from date vacated to date of decision
  • Computer repair expense of $211.68 disallowed and not reimbursable from the estate