Is an estate trustee entitled to full indemnity for all costs incurred on behalf of the estate?
Ontario, Canada
The following excerpt is from Sentineal, et al. v Sentineal, 2016 ONSC 6529 (CanLII):
The traditional approach to costs in an estate proceeding is that the estate trustee is entitled to full indemnity for all costs incurred on behalf of the estate. See the decision in Geffen v. Goodman Estate, 1991 CanLII 69 (SCC), [1991] 2 S.C.R. 353 at para. 74. That is, because the trustee is responsible for taking all reasonable steps in the administration of the estate, the trustee should not be personally responsible for the costs incurred as a consequence of discharging that responsibility. As the trustee is acting on behalf of the estate, all legal costs should be paid out of the estate.
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