ARTICLE · 06 OCTOBER 2020

Acting As Estate Trustee/Executor - Be Ready For The Liability

Minden Gross LLP

Explore more from Minden Gross LLP

An estate trustee (also known as an executor) is responsible for discharging the terms of the deceased's testamentary documentation (i.e. will(s) and/or codicil(s)),...

CanadaFamily and Matrimonial

Minden Gross LLP

Author LinkedIn connections

An estate trustee (also known as an executor) is responsible for discharging the terms of the deceased's testamentary documentation (i.e. will(s) and/or codicil(s)), referred to herein as a "Will"). Where the deceased did not leave a valid Will (and, therefore, died intestate), the estate trustee is responsible for administering the estate in accordance with the governing legislation (the Succession Law Reform Act (the "SLRA")).

In this article, I focus on the potential liabilities of an estate trustee and will outline the matters which are most likely to give rise to such liabilities.

1. What is an estate trustee (executor)?

An estate trustee is generally designated by the deceased in his or her Will. Where the deceased did not leave a valid Will or did not appoint someone who is willing and able to act as the estate trustee, an application has to be made to the Court to have an estate trustee appointed.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

When Can A Court Remove An Executor In Ontario?

CanadaFamily and Matrimonial

Blaney McMurtry LLP

Planification Successorale Pour Les Fondateurs : Ce Qu’il Faut Mettre En Place À Chaque Étape De La Croissance

CanadaFamily and Matrimonial

Before December 31: A Cross-Border Estate Planning Check-Up For Canadian Families

CanadaFamily and Matrimonial

Removing An Attorney For Property Or Personal Care In Ontario: When Can The Court Step In?

CanadaFamily and Matrimonial

Blaney McMurtry LLP

Lessons From Bayliss v. Burnham: Implications For Estate Planning On First Nation Reserves

CanadaFamily and Matrimonial

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Family Law

See more popular content from

Family and Matrimonial

Canada-US Estate Planning: A Complete Guide For Snowbirds And Cross-Border Families

Canadians who own US property, hold American investments, or have family members with US citizenship face a complex web of estate tax obligations spanning two countries. Without proper coordination, your heirs could face double taxation, frozen assets during lengthy Florida probate proceedings, or unexpected tax bills that consume a significant portion of their inheritance.

CanadaFamily and Matrimonial

Ontario Probate: A Step-by-Step Guide For Executors (Including Estates With US Property)

Ontario probate requires court certification, estate administration tax of up to 1.5%, and careful navigation of cross-border rules when US property is involved. Executors face strict timelines, fiduciary duties, and potential personal liability, while proper planning through multiple wills and beneficiary designations can significantly reduce both costs and delays.

CanadaFamily and Matrimonial

The Supreme Court Of Canada Recognizes A New Tort Of Intimate Partner Violence

The Supreme Court of Canada has established a groundbreaking new common law tort of Intimate Partner Violence, fundamentally changing how survivors can seek civil remedies for coercive and controlling behavior in intimate relationships. This landmark decision introduces a legal framework that recognizes patterns of abuse beyond traditional assault claims, focusing on the cumulative nature of coercive control that strips victims of their dignity, autonomy and equality. Courts across Canada are now beginning

CanadaFamily and Matrimonial

Thompson Dorfman Sweatman LLP

Understanding Probate In British Columbia: What You Need To Know

Probate in British Columbia is the legal process that confirms a deceased person's will and authorizes the executor to administer the estate. While not every estate requires probate, it is often necessary when real estate or significant assets are involved.

CanadaFamily and Matrimonial

Watson Goepel LLP

Canadian Citizenship By Descent: Canada Expands Eligibility Under Bill C-3

Many people may be surprised and pleased to learn that there is a new path to becoming a Canadian citizen. The Government of Canada passed Bill C-3, An Act to Amend the Citizenship Act (2025), on December 15, 2025. Before this legislation came into effect, Canadian citizenship by descent was limited to the first generation born outside Canada. For example, Emily was born or naturalized in Canada, and she could pass her citizenship to her child, Duncan, born outside of Canada.

CanadaFamily and Matrimonial

O'Sullivan Estate Lawyers LLP

Avoiding Probate In Ontario: Risks Of Adding Children To Title (Video)

Should you add your adult children to your property title to avoid probate in Ontario? This estate planning decision can have consequences beyond probate costs.

CanadaFamily and Matrimonial

Devry Smith Frank LLP

AI And The Future Of Estate Planning: Will Estate Lawyers Become Obsolete?

With the rapid progress of artificial intelligence in the legal field, we often hear the same question arise again and again: will AI replace the need for estate planning lawyers?

CanadaFamily and Matrimonial

O'Sullivan Estate Lawyers LLP

What Happens If A Beneficiary Dies Before Receiving An Inheritance In BC? (Lewis v. Jack Explained)

Estate disputes in British Columbia can come down to a deceptively simple question: When does an inheritance actually "vest"—at death, or only when the estate is distributed?

CanadaFamily and Matrimonial

Watson Goepel LLP

Can I Claim Damages For Intimate Partner Violence In Ontario? A Look At Ahluwalia And Mitchell

The Supreme Court of Canada has established a new tort for intimate partner violence, extending legal recognition beyond physical abuse to include psychological control, financial manipulation, and other coercive tactics. Understanding who can sue, what conduct qualifies, and how courts will assess damages is essential for anyone navigating this emerging area of law.

CanadaFamily and Matrimonial

The 21-year Rule: How To Prepare A Family Trust For This Crucial Milestone

A family trust is a tax and estate planning tool widely used by family businesses in Canada. Among other things, it can be used to establish an estate freeze, facilitate the gradual transfer of wealth to the next generation, maintain a degree of control over family assets and, in some cases, provide better assets protection. Historically, family trusts have also been used in a variety of income-splitting strategies.

CanadaFamily and Matrimonial