Is a trustee entitled to indemnification for all costs and expenses properly incurred in the administration of a trust?

Manitoba, Canada


The following excerpt is from McNabb v. Gandy, 2005 MBQB 79 (CanLII):

The case law also supports the general proposition that a trustee is entitled to indemnification for all costs and expenses properly incurred in the administration of a trust [see, for example, Thompson v. Lamport 1945 CanLII 2 (SCC), [1945] S.C.R. 343, at para 24]. That does not, however, translate into a right of a committee to be reimbursed for every legal bill incurred: the test would appear to be whether the legal bill was reasonably incurred. Whether it is reasonably incurred or not will depend on the facts of each case.

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