Law Times

Law times • OctOber 25, 2010 Estate administration 'dysfunctional': judge Continued from page 9 two executrices refused to continue to reimburse her is demonstration that it was neither necessary nor reasonable," wrote Low. For his part, Lederer said Polk's consideration of destroying the ani- mals "verges on the unspeakable." The courts also frowned upon Polk's handling of a $350,000 claim against the estate made by Ross Regele, the handyman who worked and lived in a mobile home on Watson's farm. Low said the basis for the claim was unclear but it initially was for $150,000 and seemed to relate to life interest in real property due to a promise, allegedly made by Watson, indicating that Regele could live on the farm until he died. The amount desired increased after Regele was injured in a fall on the property. Low found that Polk and another executor failed to offer the benefi- ciary foundation reasons for their willingness to settle the claim. "What is apparent from this is that in dealing with the claims of Ross Regele, Jose- phine Polk did not reasonably carry out her responsibilities to the estate," Lederer said in his decision. "Any request was acceded to and no attempt made to analyze the validity or value of the claims being made." Lederer ordered Polk to repay the estate $42,035 she received as prepayment of compensation for acting as a trustee of Watson's estate. While the case focused on Polk's actions, the judge expressed dismay at the overall administration of the estate. "No one involved should see this result as a victory," he wrote. "As noted by Madam Justice Low, the estate, in the hands of these execu- trixes, was dysfunctional. In their own way, each one contributed to this failure. To my mind, each one in their own way breached the faith placed in them by John Cameron Watson." Robert Allen, who represented the Beatrice Watson-Acheson Founda- tion in the case, says justice was served through the ruling. Nevertheless, he's eager to see whether his client will receive the $15,000 to $20,000 in fees it's seeking. It appears he faces a tough battle on that front given that, as Lederer remarked in his reasons, "Without having heard submis- sions, it seems to me that this may be a case where neither party should seek an award of costs." But, Allen says, "That may be the more interesting decision, when it comes down, [of ] whether or not the foundation, who is the respon- dent, should be deprived of its costs. It just seems to me that there's no reason why it should be deprived of it." Polk, who represented herself in the case, couldn't be reached for comment. LT FOCUS PAGE 11 Travelers Guarantee Company of Canada and Do Process Software Ltd. are pleased to provide another valuable link in state of the art technology by empowering lawyers to apply on-line and receive electronically the following surety bonds: Administration Bonds Guardianship Bonds Lost Instrument Bonds Waiver of Probate Bonds If you require a surety bond, please visit www.lawyercentric.com for instructions and your on-line application forms. Travelers Guarantee Company of Canada Commercial Surety (416) 360-8183 Untitled-5 1 www.lawtimesnews.com 1/26/09 2:38:45 PM

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