A brief discussion of the rights and duties of personal representatives TO offer A framework to understand the basis of their judicial appointment and removal.
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Personal representatives include executors, administrators and administrators with a will annexed and may also be referred to as estate trustees. Part I, The Appointment of Personal Representatives, includes a general discussion on the appointment of executors and administrators and their rights and duties in these roles. A review of the case law highlighting the factors Courts consider in granting appointments in a variety of circumstances is presented. Part II, The Removal of Personal Representatives, deals with the Courts’ jurisdiction to remove and “pass over” personal representatives and the main principles and grounds that guide and justify the exercise of their discretion to do so.
The case law presented here reveals the common law principles in the judicial appointment and removal of personal representatives across different Canadian jurisdictions governed by various statutory regimes and rules of civil procedure. A comprehensive review of each of these regimes is beyond the scope of this paper. The law in Ontario is discussed in more detail.