What is the standard of care of executors in the administration of an estate?

Counsel for the respondents has referred to Slemko v. Dye, [1989] B.C.J. No. 342 (S.C.) for the proposition that the courts have tended to apply a fairly low standard of care when assessing the actions of executors in their administration of an estate. The reason the standard is low is so that individuals will not be discouraged from becoming executors. (p. 6)

In Fales v. Wohlleben Estate 1976 CanLII 14 (SCC), [1977] 2 S.C.R. 302, Dickson J. discussed the standard of care and diligence required of a trustee in administering an estate and accepted the traditional standard required is that which a man of ordinary prudence would use in managing his own affairs. This is the applicable standard whether the trustee is a professional or non professional trustee. (p. 315) A trustee’s primary duty is the preservation of the trust assets and whether the standard is relaxed by the terms of the will or to take into account an administrator who lacks education and business experience he still must use ordinary skill and prudence and apply common sense in administering the estate. (p. 316)