cost award

Trustees Ordered to Pay Costs Personally

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In a recent court decision, the court declined to order costs payable from a modest estate and instead ordered the two parties (both trustees) to pay costs personally. A testamentary trustee, Mr. Cardinal, brought an application to compel estate trustee, Mrs. Perreault, to pass her accounts in her capacity as an estate trustee and power of attorney for the late Mr. Beaulieu.  However, while Mrs. Perreault consented to bring her….

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Passing Of Trustees’ and Executors’ Accounts

Estate Trustee Awarded Costs for Unnecessary Passing of Accounts

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In a recent court decision, Pochopsky Estate, the court found the Deceased’s four children (the “Beneficiaries”) jointly and severally liable for the estate trustee’s costs related to an application compelling him to pass his accounts.  The Beneficiaries had obtained an order compelling the estate trustee to account. The court ultimately found that the application was unnecessary and awarded the estate trustee his costs payable by the Beneficiaries. In his will,….

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Costs, Passing Of Trustees’ and Executors’ Accounts

The Case of the $30,000 Scrapbooks

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In what the judge referred to as a “noble gesture”, the deceased ordered that his two scrapbooks setting out his life story be copied and distributed to his family. These instructions were set out in a Codicil to his Will. However, disagreement amongst family members regarding the copying of the scrapbooks and delivery of the books led to court proceedings and over $30,000 in legal fees claimed by the three….

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Estate Litigation, Wills
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