What are the duties of an administrator in administering a trust?

Manitoba, Canada


The following excerpt is from Estate of Therese Marie Sutherland, 2007 MBQB 70 (CanLII):

As to the duties of an administrator, the summarization of Dickson J., in Fales v. Wohlleben Estate, 1976 CanLII 14 (SCC), [1977] 2 S.C.R. 302 (S.C.C.) at Part V, is of assistance, as follows: Traditionally, the standard of care and diligence required of a trustee in administering a trust is that of a man of ordinary prudence in managing his own affairs … and traditionally the standard has applied equally to professional and non-professional trustees. The standard has been of general application and objective though, at times rigorous … … Every trustee has been expected to act as the person of ordinary prudence would act. This standard, of course, may be relaxed or modified up to a point by the terms of a will … But however wide the discretionary powers contained in the will, a trustee’s primary duty is preservation of the trust assets, and the enlargement of recognized powers does not relieve him of the duty of using ordinary skill and prudence nor from the application of common sense.

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