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ARTICLE · 28 NOVEMBER 2025

Seeking Relief But Finding Regret

Gardiner Roberts LLP
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Being named the executor of an estate is often a thankless job. It requires considerable time, patience, and dedication – over at least a year and a half, all while grieving the loss of the deceased.

CanadaFamily and Matrimonial
Nadia Bechai
Nadia Bechai
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Being named the executor of an estate is often a thankless job. It requires considerable time, patience, and dedication – over at least a year and a half, all while grieving the loss of the deceased.

This is why lawyers will often raise the question for the named executor: are you sure you want to act? This is not a pointless question – the courts have long held that once a person begins to act as the estate's executor, they cannot easily resign. Therefore, careful consideration of the commitment required is recommended because if the executor is not up to the task, renouncing before acting can provide the desired relief.

In the recent case of Chieffallo Estate v. Blair 2025 ONSC 3411 ("Chieffallo"), one of the named co-executors renounced his role but soon regretted his decision.

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