The estate trustee applied to pass accounts and sought compensation for work performed both as trustee and as solicitor in administering the estate.
A beneficiary objected to the amounts claimed, arguing the compensation and legal fees were excessive given the simple and uncomplicated nature of the estate administration.
The court reviewed the principles governing trustee compensation under the Trustee Act and the established five-factor test, emphasizing that percentage-based tariffs are only a rough guide and must yield to the overarching requirement of fairness and reasonableness.
Finding that reliance on standard percentage tariffs produced unreasonable results in a straightforward estate of modest complexity, the court reduced both the executor’s compensation and the legal fees claimed for probate work.
The court substantially upheld the objections and fixed the trustee’s total compensation at a lower amount reflecting the nature and value of the work performed.
