What is the inadvisability of appointing a representative as an administrator of the estate of a deceased?

Saskatchewan, Canada


The following excerpt is from Proposed Action Between Hudson's Bay Company (Re), 1940 CanLII 144 (SK QB):

That being so the remarks of North, J. in Aylward v. Lewis, supra, apply here and with equal force. In fact it seems to me that less harm would ensue from such an appointment in an action based on debt only as in the Ficulik case, supra, than in an action for foreclosure or cancellation. In each case the representative could raise the appropriate defences perhaps as well as an administrator of the estate. The inadvisability of such an appointment lies in the fact that while the deceased’s estate may be in default yet the deceased may have left assets from which a regularly appointed administrator could obtain funds to redeem. A. representative under the Rule or section has no power to redeem, he has no assets to redeem with no matter how sound financially the estate may be for he is not put in possession of the assets. Canada Life v. Cole (1915) 1915 CanLII 307 (SK QB), 7 W.W.R. 1207, is especially in point.

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