Is a personal representative entitled to exercise his discretion?
Alberta, Canada
The following excerpt is from Hoffman Estate (Re), 2019 ABQB 473 (CanLII):
Nor is it controversial that the courts should be reluctant to interfere with a personal representative’s exercise of discretion, and should do so only if there is evidence the personal representative acted in bad faith, is guilty of obvious misconduct, was not authorized to act in the manner he did under the will, or took into account irrelevant considerations: McNeil v. McNeil, 2006 ABQB 636, 408 AR 144, at para 84.
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