What are the legal duties of an executor?
Manitoba, Canada
The following excerpt is from Estate of George Czyzewski, 2022 MBQB 8 (CanLII):
The legal duties of an executor are well known. In Fales v. Wohlleben Estate, 1976 CanLII 14 (SCC), [1977] 2 SCR 302, they are summarized as follows at p. 316: 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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