Appointed to manage the estate of a loved one, an executor in Ontario has both authority and legal duty — and with that comes potential risk. Acting without proper guidance can expose an executor to delays, disputes, or even personal liability.
At Kimel Law Group, we regularly advise clients who have been appointed as estate trustees (executors), and we’ve seen a clear pattern: some mistakes are far more common — and avoidable — than others. Below, we highlight the top five missteps and how to steer clear of them.
1. Failing to Understand the Role
Many executors accept the position without fully understanding what’s involved. It’s not just about honouring a loved one’s wishes — it’s a fiduciary role governed by law. Executors must:
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Locate and safeguard estate assets
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Notify beneficiaries and financial institutions
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Pay outstanding debts and taxes
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Distribute the estate in accordance with the will (or intestacy laws if no will exists)
An executor who makes decisions based on assumption rather than legal advice can unknowingly breach their duties.
👉 For a deeper look at the responsibilities involved, visit our Estate Administration page.
2. Disregarding Probate Timelines
Some executors delay applying for probate — often because they feel overwhelmed or confused. But time is rarely on your side. Delays can:
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Jeopardize asset values (e.g. real estate or investments)
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Create confusion among beneficiaries
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Lead to late filing penalties with the CRA
If the estate involves a home, business, or complex finances, early legal guidance can make all the difference.
3. Overlooking Beneficiary Communication
One of the most common complaints we hear from beneficiaries? Silence. Executors must keep beneficiaries reasonably informed throughout the administration process.
Poor communication can:
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Erode trust
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Prompt unnecessary conflict
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Lead to formal legal action, including removal applications
Clear, consistent updates can help avoid misunderstandings and protect the executor from allegations of misconduct.
4. Mishandling Estate Finances
Executors must keep detailed records and ensure that no distributions are made until debts — including taxes — are paid. Common financial missteps include:
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Paying beneficiaries too early
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Missing CRA deadlines
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Failing to track receipts and disbursements
Estate accounting isn’t optional — it’s a legal requirement. Executors who fail to properly account can be held personally responsible.
👉 Learn about interim and final accountings by visiting our blog on Estate Trustee During Litigation (ETDL) appointments.
5. Not Getting Legal Help Soon Enough
Even with the best intentions, executors can make avoidable errors by trying to manage alone. Early legal support can help:
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Clarify the will’s terms
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Address family tension before it escalates
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Confirm whether probate is required
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Navigate tax and financial filings
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Avoid personal exposure
Seeking guidance isn’t a weakness — it’s a smart way to ensure the estate is properly handled and your duties are met.
Final Thoughts
The role of executor is an honour — but it’s also a legal responsibility that demands care, communication, and sometimes professional support. Whether you’re just getting started or facing challenges midstream, Kimel Law Group can help.
We assist clients with estate administration, probate applications, executor disputes, and litigation support when necessary. If you’ve been named an executor in Ontario and want to protect yourself — and the estate — contact us today for clear, confident guidance.