The appellant estate trustee appealed a decision directing payment to the respondent for expenses paid on behalf of the deceased's estate.
The appellant argued the claim was barred by s. 38(3) of the Trustee Act and the Limitations Act, 2002.
The Divisional Court dismissed the appeal, finding that s. 38(3) applies to wrongs committed by the deceased, not ordinary estate debts.
The Court also held that the limitation period for reimbursement did not begin to run until the respondent made a claim to the appointed trustee and the trustee refused to pay.
