The applicants, five beneficiaries of the estate, brought an application requiring the estate trustees to pass accounts.
The court had to determine whether a joint bank account held by the deceased and one of the trustees was an asset of the estate, and whether legal and accounting fees incurred by the trustee should be deducted from her executor's compensation.
The court found that the joint account was an asset of the estate, as the trustee failed to rebut the presumption of resulting trust.
The court also held that $37,512.57 in legal fees should be deducted from the trustee's compensation because the accounts did not differentiate between legal work and executor's work, but allowed the accounting and tax preparation fees to be paid by the estate.
The trustee was awarded net compensation of $7,522.25.
