Executor Remuneration
Trustee Care and Management Fees
Bokovic v Borkovich 2023 BCSC 2050 reviewed the law relating to trustee care and management fees of estate assets. Section 88(3) of the Trustee Act permits an executor to apply
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 Registrars order was
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
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?
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
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
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
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