Laura Cardiff

The applicant sought repayment from her brother, the respondent and de facto Estate Trustee, for funds he allegedly misappropriated from their mother's estate while acting as her Power of Attorney.

The respondent claimed the funds were gifts and compensation for his caregiving services.

The court found the respondent failed to provide corroborating evidence of any gifts or compensation agreement, thereby failing to rebut the presumption of resulting trust.

The court held the respondent breached his fiduciary duties and ordered him to repay the misappropriated funds directly to the applicant.

Following a previous decision awarding the Estate Trustee full indemnity costs, the court issued this endorsement to correct the costs amount.

The court noted that further costs had been incurred and a subsequent draft order with updated costs had been filed on consent.

The Estate Trustee's full indemnity costs were updated to $19,907.93.

The Estate Trustee brought a motion for directions regarding the payment of unsecured debts allegedly owed by the deceased to his son and son-in-law.

The debts arose from unpaid wages and financial assistance provided to the deceased over many years.

One of the beneficiaries opposed the payment, arguing the claims were statute-barred and lacked corroboration.

The court found that the deceased had acknowledged the debts and intended to repay them upon the sale of his property.

The court also found that the claims were not statute-barred as they were contingent loans, and alternatively, the son and son-in-law were entitled to the funds on the basis of quantum meruit and unjust enrichment.

The court ordered the debts to be paid from the estate.