Is an estate trustee bound by the same contracts as the deceased during his lifetime?
Ontario, Canada
The following excerpt is from Newlands Estate, 2017 ONSC 7111 (CanLII):
An estate trustee is bound by the same contracts that the deceased was bound by during his/her lifetime. According to Widdifield on Executors and Trustees, Prima facie, it is the duty of a legal personal representative to perform all contracts of his testator or intestate, as the case may be, that can be enforced against him or her, whether by way of specific performance or otherwise: Anguilla v. Estate & Trust Agencies (1927) Ltd., 1938 CanLII 430 (UK JCPC), [1938] 3 W.W.R. 113 (Singapore P.C.).
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