3 total
Trustee compensation fixed and charitable beneficiaries ordered to pay portion of trustee's costs due to delay.
The Estate Trustee applied to pass accounts for the estate of Françoise Poitras.
The remaining issues were the Trustee's compensation and the parties' legal costs.
The court awarded the Trustee $17,608 in compensation, denying an additional management fee.
On costs, the court found that the Charitable Beneficiaries caused significant delay in finalizing an interim release.
Consequently, the Charitable Beneficiaries were ordered to pay 60% of the Trustee's legal costs incurred after September 2017, with the balance of the Trustee's reasonable costs and the costs of the initial application for directions to be paid by the Estate.
Interim estate distribution permitted to proceed despite outstanding objections to passing of accounts.
The Estate Trustee brought a motion to determine the wording of a release for an interim distribution of the estate's assets.
The charitable beneficiaries opposed the motion, arguing that an interim distribution could not occur until their objections to the passing of accounts were resolved.
The court found no principled basis to object to the interim distribution, as sufficient funds would remain in the estate to cover potential liabilities.
The court directed the parties to exchange materials and attend a case conference to resolve the remaining disputes and finalize the form of release.
The court ordered the deceased's common-law spouse to formally object to the applicant's appointment as estate trustee within 10 days or be deemed to consent.
The applicant sought an order compelling the respondent, the deceased's common-law spouse, to formally consent to or object to his appointment as trustee of the intestate estate.
The respondent had not returned a renunciation document but clearly opposed the applicant's appointment.
The court granted the application, ordering the respondent to file a notice of objection within 10 days, failing which she would be deemed to have consented.
The court also flagged potential issues regarding the applicant's Quebec residency and the respondent's potential dependants' relief claim under the Succession Law Reform Act.
