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Estate trustees play nice or pay the price

Thursday, December 01, 2016 @ 7:00 PM | By Charles Ticker

A recent decision of the Ontario Court of Appeal is a wake- up call for estate trustees and other fiduciaries. In Brown v. Rigsby 2016 ONCA 521, the court denied estate trustees indemnification of their legal costs. As a general rule, estate trustees involved in litigation over the estate are entitled to be indemnified for reasonably incurred legal costs. However, the Court of Appeal ruled that indemnification is not only conditional on the legal costs incurred being reasonable, but as well, the reasonableness of the conduct...