When will the court order the removal of an executor or trustee from a family matter?
Manitoba, Canada
The following excerpt is from Durand v. Durand et al., 2020 MBQB 70 (CanLII):
The court was also asked to find that, because this is a family rather than a strict business situation, it should be treated differently because different considerations pertain. I accept that a family situation such as this may give rise to different considerations. It is not unheard of that family differences and animosities present themselves which may not, in and of themselves, necessitate the removal of an executor or trustee. This is why courts have emphasized the importance of focussing on the acts of the executor as administrator rather than on familial relationships. (Le Roux v. Shannon, 2009 BCSC 331)
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