How have the courts interpreted the words "necessary" and "expedient" in an estate litigation?
British Columbia, Canada
The following excerpt is from Rawlins v Rawlins Estate, 2022 BCSC 288 (CanLII):
In Von Hopffgarten Estate v. Rommel, 2012 BCSC 393 at para. 41, Justice Wedge stated that: … the words "necessary" and "expedient" may take on a different meaning in different contexts. In estate litigation, it must be remembered that the executor stands in a relationship of trust to the beneficiaries under the will. The executor owes a fiduciary duty to the beneficiaries, which is a special relationship of trust.
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