Paul Dancause

In an estate accounting dispute, a residual beneficiary sought disclosure of legal accounts issued by the estate solicitor to the estate trustee, alleging possible double billing to both the trustee personally and the estate.

The estate trustee resisted production on the basis of solicitor‑client privilege.

The court held that communications between an estate trustee and solicitor regarding administration and distribution of the estate are not privileged as against beneficiaries due to the “joint interest” principle.

Because the documents related to estate administration rather than personal protection of the trustee against claims, privilege did not apply.

The court ordered production of the legal fee documents and noted that, if discovery were necessary, the trustee could be examined by written questions due to medical limitations.

An estate trustee sought court approval of estate accounts on a passing of accounts application.

A beneficiary objected, alleging mismanagement including improper distributions, executor compensation, undervaluation of land, and administrative delays.

The court found the objections to be unfounded and confirmed the trustee had acted within the broad discretionary authority granted under the will and in good faith.

The accounts were approved.

Because the objections caused additional unnecessary litigation expense, the court ordered a portion of the resulting costs to be deducted from the objector’s entitlement.