Digest: Pobran Estate v Pobran, 2018 SKQB 218

• Date: August 18, 2019

Reported as: 2018 SKQB 218

Docket Number: QBS 270/10 JCS , QB18218

Court: Court of Queen's Bench

Date: 2019-08-18

Judges:

• Scherman

Subjects:

• Statutes � Interpretation � Administration of Estates Act
• Statutes � Interpretation � Trustee Act, 2009
• Wills and Estates � Estate Administration � Approval of Accounts

Digest: The executors of the applicant estate applied for final approval of accounts and fixing of executors� fees. The testator died in November 2008 and the four named executors obtained Alberta letters probate in August 2009. The Alberta letters were resealed in Saskatchewan in June 2010. A beneficiary and his family (collectively referred to as �beneficiary�) applied to the court in 2012 and received an order to have farmland transferred to them. In 2014, a settlement agreement was made providing for the final resolution of the estate, however, disputes continued. In July 2015, the estate received an order indicating that the settlement agreement resolved all issues, but that the beneficiary could dispute the accounting. A consent order was signed that indicated all causes of action against the executors and estate had been settled by the settlement agreement. The remaining issue was the quantum of executor fees.
HELD: The court approved the final accounts as submitted by the executors with the adjustments consented to by all parties. The holograph will of the testator did not specifically indicate that the executors were trustees of his property, but the court found that the executor fees were nonetheless to be determined pursuant to The Trustee Act, 2009 because of the broad definition of �trust� therein. Section 51 of the Act indicates that remuneration of a trustee is to be a �reasonable allowance�. The executors proposed that their fees be five percent of the $3,690,385 estate assets and income, or $184,519. The Administration of Estates Act provides the court with the jurisdiction to fix an executor�s fee and it states the fees are payable to official administrators appointed under the Act. The fees payable to an official administrator would have been between $354,643 and $521,478, depending on the value of the estate used. The beneficiary was dissatisfied with the delay in the administration of the estate, however, the court found that the delay was largely due to the beneficiary�s opposition and challenges. The executors did not act in bad faith in the performance of their duties. The court...