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ARTICLE · 29 OCTOBER 2026

When Can A Court Remove An Executor In Ontario?

Blaney McMurtry LLP
Blaney McMurtry LLP
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When a family member or friend dies, estate beneficiaries place their trust in the executor to properly administer the estate. But what legal recourse exists when that trust is broken through misconduct, delay, or conflict of interest? Ontario courts have established clear principles for when and how an executor can be removed, though the bar remains intentionally high.

CanadaFamily and Matrimonial
Peter Neufeld
Peter Neufeld
James Dunphy
James Dunphy
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When a family member or friend dies, the Estate beneficiaries entrust the administration of the Estate to the deceased’s chosen executor or, alternatively, to an estate trustee without a will. But what happens when that trust is broken? Perhaps the executor unduly delays administering the Estate, puts themself in a conflict against the Estate, or, in extreme circumstances, steals from the Estate. Can the beneficiaries remove the executor?

The short answer is “yes”, but it is a high bar. Pursuant to its inherent jurisdiction and the statutory powers under sections 5 and 37 of the Trustee Act, the court may remove an estate trustee and appoint another appropriate person to act in his or her place.1 Such an application can be made by a “person interested in the Estate of the deceased”.2

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