What is the impact of the way an executor conducts himself/herself in the way the executor is awarded a commission?

Nova Scotia, Canada


The following excerpt is from Rustig Estate, 2002 NSSC 210 (CanLII):

The manner in which an executor conducts himself/herself can result in a very limited commission. See Sampson v. Sampson Estate, [1999] N.S.J. No. 89. In this case, the Registrar allowed a commission of one-half of one per cent and Simon J. MacDonald, J. noted that there were only a few bank accounts, no bills to pay, nothing of any consequence, the estate funds lost money on investments, the closing of the estate was adjourned at least five times, it was only eventually closed because of the intervention of a solicitor on behalf of the heirs. Noting the delay and failure of the executor to establish the alleged hours of involvement in the executor’s duties and responsibilities, the Registrar’s award of a commission at one-half of one per cent was confirmed.

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