Strikis v Legal Services Commissioner

In the case of Strikis v Legal Services Commissioner, the Applicant, Mikelis Strikis, sought review of a decision made by the Respondent, the Legal Services Commissioner. The dispute centred around Strikis' claim for fees from the estate of Vilis Gulbis, who had died in July 2009. Strikis had prepared Gulbis' will in July 2001, naming himself as executor but without any provision for remuneration. Following Gulbis' death, Strikis performed certain administrative tasks for the estate, but did not properly disclose these costs to Gulbis' widow. Strikis' claim for these costs was challenged by the Commissioner, who ruled that Strikis had no right to claim fees without following the statutory requirements for executorial remuneration.

The court was tasked with determining whether Strikis' claim for fees was justified under the circumstances and whether the Commissioner's decision to deny the claim was correct. Key issues included the legal entitlement of Strikis to claim fees from the estate and whether Strikis had complied with the statutory requirements for disclosing and claiming executorial costs. Additionally, the court had to assess whether Strikis' actions were consistent with his fiduciary duties as executor.

The court found that Strikis had no entitlement to claim fees from the estate without first obtaining a grant of probate and passing accounts, as required by the Probate and Administration Act. Strikis' claim was further weakened by his failure to properly disclose the costs to Gulbis' widow, which was a statutory requirement. The court noted that while Strikis had performed some tasks on behalf of the widow, he did not limit his claim to these specific instructions, thereby invalidating his claim under the Act. The court concluded that Strikis' position was untenable in law and dismissed the application for review. The orders of the Commissioner were confirmed, and Strikis was ordered to pay the Commissioner's costs of the proceedings.