Areta Nadia Lloyd

This appeal concerned the determination of assets in a deceased's estate.

The Court of Appeal set aside the motion judge's order, finding several errors.

The motion judge erred by relying on trust principles without a determined estate representative, misapplying the "one economic unit" concept to presume equal sharing, making flawed credibility findings based on an uncross-examined witness, and making conflicting factual findings.

The appellate court emphasized that complex factual and credibility issues, especially with voluminous records, require oral evidence and that pending applications should be consolidated and heard together after the determination of a valid will or intestacy.

The applicant, an estate trustee, sought increased costs on a full indemnity basis for an Application to Pass Accounts.

The respondent, a beneficiary, opposed this, alleging the application was unnecessary and the trustee's compensation was generous.

The court found the applicant's actions prudent and necessary due to the respondent's baseless allegations and refusal to engage in an informal accounting process in New Brunswick.

The court awarded the applicant increased costs of $24,182.47, payable from the respondent's share of the estate, to avoid penalizing the other beneficiary.