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 annually for “a care and management fee and the court may allow a fee not exceeding 0.4% of the average market value of the assets.”

In Mikaloff 2018 BCSC 756, Registrar Nielsen also cited Re Pedlar, [1982] 34 B.C.L.R. 185 (S.C.) [Pedlar], in which the Court set out the following list of factors, which can be considered in determining whether any care and management fee should be allowed and, if allowed, the extent of such fee:

· The value of the estate assets being administered;

· The nature of the estate assets being administered;

· The degree of responsibility imposed upon the trustee by the terms of the will or other instrument, including the length or duration of the trust;

· The time expended by the trustee in the care and management of the estate;

· The degree of ability exhibited by the trustee in the care and management of the estate;

· The success or failure of the trustee in the care and management of the estate; and

· Whether or not some extraordinary service has been rendered by the trustee in the care and management of the estate.

[76] In Pedlar, the Court reiterated that each application must be decided upon its own facts and the list of factors is not intended to be exhaustive as there may be other factors deserving consideration depending upon the circumstances (para. 15).