How have trustees dealt with delegation or ratification and approval in a will?
British Columbia, Canada
The following excerpt is from Bellai v. IWA (Trustees), 2003 BCSC 1077 (CanLII):
The trustees referred to two decisions dealing with delegation or ratification and approval. The first, Messeena v. Carr (1870), 9 L.R. 260. Two trustees had the authority to act with regard to the bequest in a will. One of the trustees actually acted with regard to payment of the bequest, and the other sanctioned or approved that decision. The court found that no breach of trust had occurred, that the approval of one trustee of the actions of another, amounted to both of them acting together.
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