Michell (Guardian of) v. Michell Estate

Michell (Guardian of) v. Michell Estate

The court approved the settlement but conditioned approval to protect the interests of the plaintiff and interested siblings by granting them (a) the ability to require an assessment of the fees of counsel for the Public Trustee as Guardian ad Litem and (b) the right, not more than once every two years, to an accounting from the Public Trustee of all receipts, disbursements and fees relating to the funds held for the plaintiff; the court held that while it cannot substitute its view for the Public Trustee on fee quantum under the regulatory scheme, it can impose such conditions when approving settlements to ensure oversight and protect beneficiaries.

Citation
2002 BCSC 1005
Parties
Plaintiff: Janice Michell; Guardian Ad Litem: Public Trustee of British Columbia; Defendant/executor: David Ralph Michell (Executor of the Estate of Ralph David Francis Michell, deceased); Defendant: David Ralph Michell; Defendant: Beverley Morrison
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 July 2002
Procedural Posture
Wills Variation Act Claim / Motion to Approve Settlement (chambers)
Outcome
Settlement approved with conditions
Legal Topics
Will Variation, Settlement Approval, Public Trustee Fees, Guardian Ad Litem Obligations, Accounting and Fee Assessment
Source Language
English
Wills and Estates Trusts Administrative Law Will Variation Settlement Approval Public Trustee Fees Guardian Ad Litem Obligations Accounting and Fee Assessment

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Parties

Janice Michell

Plaintiff

Public Trustee of British Columbia

Guardian Ad Litem

David Ralph Michell (Executor of the Estate of Ralph David Francis Michell, deceased)

Defendant/executor

David Ralph Michell

Defendant

Beverley Morrison

Defendant

Procedural Posture

Wills Variation Act Claim / Motion to Approve Settlement (chambers)

Legal Issues

  1. 1 Whether the proposed settlement under the Wills Variation Act should be approved
  2. 2 Whether the Public Trustee's mandatory fee regime prevents court-ordered review or assessment of fees in the context of settlement approval
  3. 3 Whether interested parties can obtain interim accounting and require assessment of legal fees charged by the Public Trustee as guardian ad litem

Ratio Decidendi

The court approved the settlement but conditioned approval to protect the interests of the plaintiff and interested siblings by granting them (a) the ability to require an assessment of the fees of counsel for the Public Trustee as Guardian ad Litem and (b) the right, not more than once every two years, to an accounting from the Public Trustee of all receipts, disbursements and fees relating to the funds held for the plaintiff; the court held that while it cannot substitute its view for the Public Trustee on fee quantum under the regulatory scheme, it can impose such conditions when approving settlements to ensure oversight and protect beneficiaries.

Court Disposition

Settlement approved with conditions

Orders

  • Mr. Michell and Ms. Morrison shall have the ability to require assessment of the fees of counsel for the Public Trustee as Guardian ad Litem
  • Not more than once every two years, either or both of Mr. Michell and Ms. Morrison shall be entitled to an accounting from the Public Trustee of all receipts and disbursements and all fees payable to the Public Trustee relating to the funds held for the benefit of Ms. Michell