Can an estate trustee claim special fees for the administration of a deceased's assets?
Alberta, Canada
The following excerpt is from Alberta Teachers' Association v. Calgary Board of Education, 2006 ABQB 817 (CanLII):
In Bluestein Estate v. Bluestein, [2000] O.J. No. 1090 (S.C.), Himel J. of the Ontario Superior Court of Justice ruled (at para. 20) that: Claims for special fees are justified where extra or specialized work by the estate trustee is necessary as a result, for example, of the complexities in the administration arising from the nature of the assets, taxation problems, numerous categories of beneficiaries or litigation by or against the estate. The estate trustee must establish that the special work performed was outside the "average" estate such that the estate trustee would not be compensated adequately for all the work required to be done.
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