Is an executor entitled to indemnity for costs and expenses incurred by the executor in the course of the administration of the estate?

Manitoba, Canada


The following excerpt is from Public Trustee v. Ballen, 1992 CanLII 8579 (MB CA):

Another general principle that emerges from the cases is that an executor is to be indemnified against all reasonable costs and expenses incurred by him/her in the course of the administration of the estate. In Thompson v. Lamport, 1945 CanLII 2 (SCC), [1945] 2 D.L.R. 545, [1945] S.C.R. 343, Rand J. put it [at pp. 552-3]: The general principle is undoubted that a trustee is entitled to indemnity for costs and expenses properly incurred by him in the due administration of the trust: it is on that footing that the trust accepted. These include solicitor and client costs in all proceedings in which some question or matter in the course of the administration is raised as to which the trustee has acted prudently and properly.

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