Is a trustee entitled to solicitor and client costs in the due administration of a trust?

Nova Scotia, Canada


The following excerpt is from Beairsto v. Stirling, 2007 NSSC 350 (CanLII):

In Thompson v. Lamport, 1945 CanLII 2 (SCC), [1945] S.C.R. 343 the court endorsed this principle at page 356: “The general principle is undoubtfully that a trustee is entitled to indemnity for all costs and expenses properly incurred by him in the due administration of a trust: It is on that footing that the trust is accepted. These include solicitor and client costs in all proceedings in which some question or matter in the course of the administration is raised as to which the trustee has acted prudently and properly.”

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