Executor Remuneration

Executors Denied Fees and Ordered to Repay Unauthorized Expenses

In Re Zaradic Estate 2021 BCSC 1037 the executors were awarded nil remuneration and ordered to pay back unauthorized expenses of approximately $10,000 to the estate. The writer was counsel

Deceitful Executor Deprived of Fees

Kyle estate v Kyle 2017 BCSC 752 was ordered to pay approximately $400,000 to the beneficiaries as a result of deceitfully transferring monies from a joint account into his personal

Executor Remuneration When Stipulated

The Supreme Court of British Columbia has no inherent jurisdiction to award or vary  remuneration to an executor/ trustee where the remuneration is agreed to or stipulated  in the trust

Executor Remuneration In Large Estates

There are surprisingly few decisions in British Columbia relating to the appropriate amount of remuneration for an executor of a large estate. Re Chau estate 2016 BCJ No. 2843 dealt
Executor Indemnification for Costs Incurred

Executor Indemnification for Costs Incurred

Generally speaking executors who act within the scope of his or her duties are entitled to full indemnification for costs properly and reasonably incurred while acting within the scope of
Executor Remuneration: When Do They Get Nothing?

Executor Remuneration: When Do They Get Nothing?

There are many cases where the actions, or inactions of the executor/trustee amount to conduct that will disentitle any executors remuneration. Executor is Fidicuiary It is trite law that an
Executor Denied Fees For Breach of Trust - Disinherited

Executor Denied Fees For Breach of Trust

An executor/trustee who has committed a breach of trust may be denied fees for such egregious behavior. The court has in its discretion to allow full compensation, deny any compensation,
Executor Denied Remuneration for Critical Behaviour - Disinherited

Executor Denied Remuneration for Critical Behaviour

Re the Estate of Lillian Lowe 2002 BCSC 813 is an example of where the executors claim for fees was denied entirely by the court for inter alia her critical
Executor Remuneration | Disinherited Estate Litigation Vancouver

Executor Remuneration

Re Mikaloff 2018 BCSC 756 reviews the criteria relating to the appropriate amount of executor remuneration on a passing of accounts application. The deceased died in 2015 and directed that
Executor's Remuneration

Executor’s Remuneration

A beneficiary has the right to challenge a claim by the executor for remuneration by compelling the executor to pass his or her accounts before registrar of the Supreme Court