Dillon Acheson successfully represents beneficiary of Estate

Recognition /

Associate Dillon Acheson successfully represented a beneficiary of the Estate of Germain Mary DeMeyer at the Queen's Bench in Dalrymple et al. v. DeMeyer Estate; Dusik et al. v. DeMeyer Estate, 2022 MBQB 31. This case involved a dispute over the administration of DeMeyer's Estate. The testator, DeMeyer, passed away in 2013. The Executor (the son of the deceased) had lived in the deceased's property rent free until it was sold in 2020. There was a demand for a passing of accounts as well as occupation rent. Perlmutter, A.C.J.Q.B. held that the executor had been enriched by living at the property rent-free and there was no juristic reason for same. The beneficiaries had therefore suffered a corresponding deprivation by reason of the lost opportunity to earn rental income from the property. The court issued an order to a master for an accounting and included that the executor was liable to DeMeyer's estate for occupation rent less a set-off for reasonable expenses.