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The court dismissed cross-applications to remove an estate administrator and to release funds, but ordered disclosure steps and payment of prior costs from the administrator’s share.
Passing of accounts in an estate matter: the registrar approved the executor’s accounts, fixed executor remuneration at $12,125, and adjusted costs and expense allocations.
Passing of accounts in an estate matter. The court approved the administrator’s remuneration at 4% of capital, deducted $500 in unrelated expenses, and ordered payment to the Public Guardian and Trustee.
The Applicant's substantive allegations against the Executor lacked evidentiary support and were unjustified; the Registrar's taxation was upheld except for a $200 reduction; exceptional circumstances existed to justify awarding solicitor-client costs to the Estate, but the award was moderated — fees from May 3 to June 30, 2012 were allowed at 75% of billed amounts plus disbursements and HST and $1,500 per hearing day for two days were allowed; Executor's commission fixed at 3%.
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The court varied a will under the Wills Variation Act and awarded the surviving spouse a $75,000 lump sum, after considering survivorship assets and moral obligations.
Because the appellant elected to take under the Family Law Act rather than under the will, he is entitled to the benefits of that election but must accept its burdens; applying the Act's equalization scheme accordingly yields the appellant's entitlement and requires dismissal of the appeal.
Source excerpt
The court found an unauthorized 1994 loan to Michael Collett was invalid, rejected res judicata, and ordered repayment of $80,719.50 to Paige Arduini with interest.
The court ordered a trial on whether Dawna McGregor was the deceased’s common-law spouse, opined that the spousal home was 125 Horel Road if she was, and found no basis to treat Sean Quilty as a child.
A wills variation claim led to a modest increase in the widow’s share, with the court finding the will fell slightly short of her legal and moral claims.
Action under the Wills Variation Act dismissed in part: the court found the testator fulfilled his obligations to adult children, with specific limited orders made.
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