Being named as an executor under a will can feel like an honour—but it also brings real responsibilities. If you’ve been appointed as Estate Trustee under a will in Ontario, you may wonder: Can I decline? What if I don’t want to serve? The answer is yes—you do have options.
1. What it means to be named
When someone drafts a will in Ontario and names a person as their Estate Trustee (with or without a will, this person is often called the estate trustee or estate administrator), they are giving that person the authority and responsibility to manage the estate. The will may name you as Estate Trustee and you may also be named as beneficiary.
Being named means you have been nominated to carry out duties such as:
- locating the will and arranging for it to be filed with the court if needed;
- gathering and safeguarding the deceased’s assets;
- paying valid debts and taxes;
- distributing the estate to the beneficiaries in accordance with the will and Ontario law;
- providing required notices (for example, to the Canada Revenue Agency), and possibly applying for a Certificate of Appointment of Estate Trustee (probate) at the Superior Court of Justice in Ontario, depending on the nature of the estate.
2. Am I required to serve?
No. Even if you are named as Estate Trustee, you are not obliged to act. You may renounce (decline) the appointment. If you choose not to serve, you generally must file a formal renunciation with the appropriate court. Once renounced, the role passes to an alternate trustee named in the will (if there is one) or to someone else eligible under Ontario’s Succession Law Reform Act (SLRA).
Declining the position is entirely legitimate, especially if you feel you are not in a position to serve—whether due to time commitments, conflicts, complexity, geographical distance, or simply a desire not to take on that responsibility.
3. Why someone might refuse
There are many reasons why a person may decline:
- The estate is large or unusually complex (business assets, real estate, multiple jurisdictions, tax issues).
- They lack time, expertise or interest to administer the estate properly.
- They anticipate family conflict, difficult beneficiaries, or will-challenges.
- They don’t want personal liability or the stress of administration.
- They feel the role is simply too onerous or intrusive at a difficult time of grief.
These are entirely valid reasons. Choosing to act when ill-equipped could actually increase your exposure and stress down the road.
4. What happens if you renounce?
Here’s how the process typically works in Ontario:
- You submit a written renunciation to the court (or otherwise follow the procedures under the SLRA).
- If the will names a successor Estate Trustee, that person may apply to the court to act.
- If no one else steps forward, someone else eligible under the SLRA (for example, a beneficiary, spouse, relative) may apply to be appointed by the court.
- The estate must still be administered; someone must act. Simply renouncing doesn’t remove the need for administration—it just shifts who will act.
5. What if no one wants to serve?
When no one named or eligible is willing or able to serve, the court can appoint an administrator. In Ontario, this may mean turning to a trust corporation or professional executor/fiduciary. Though less common in smaller estates, this option exists and ensures administration can proceed.
6. Key risks, if you accept
If you do accept acting as Estate Trustee in Ontario, be aware that you take on significant duties and potential liabilities:
- You owe a fiduciary duty to the beneficiaries and must act in good faith, with honesty, due diligence and impartiality.
- You must apply attention and care in collecting assets, paying debts/taxes, managing and preserving the estate, and distributing according to the will and law.
- If you act negligently, delay distributions without reason, mismanage funds, mix your personal funds with estate funds, or fail to follow the will or legal obligations, you may be personally liable.
- The job can take far longer than expected, especially if probate is required, or if the estate is complicated or contested.
Given the stakes, it is entirely sensible to assess your capacity and willingness before saying “yes.”
7. How to decide whether to accept
Here are some things you should ask yourself:
- Do you have the time to manage the estate’s affairs?
- Are you comfortable dealing with tax filings, dealing with creditors, property transfers, and legal obligations?
- Are you willing to step into what is essentially a job, often with no pay unless the will or law provides a trustee fee?
- Are you prepared to communicate with beneficiaries, possibly handle disputes, and keep accurate records?
- Do you want the responsibility and possible stress of being estate trustee?
If you answer “no” to one or more of these, it may be prudent to decline and let someone else step in.
8. What you should do if you decline
If you decide you don’t want to act:
- Submit your renunciation promptly — do not ignore the nomination.
- Notify the alternate trustee (if any) and advise the executors/beneficiaries of your decision.
- If you have received any documents (original will, etc.), return them to the drafting lawyer or submit them to the court as part of the renunciation.
- Keep a copy of your renunciation for your records.
By formally renouncing, you remove yourself from the role and avoid future duties or liability as long as the renunciation is properly filed.
9. If you accept — what to do first
If you choose to serve:
- Obtain the original will and register it, if required.
- Determine whether probate (Certificate of Appointment of Estate Trustee) is required in Ontario — many estates with real estate or significant assets will require it.
- Take inventory of the deceased’s assets and liabilities.
- Notify beneficiaries, creditors and relevant government agencies (CRA, Service Ontario, etc.).
- Set up an estate-trust bank account (important to keep estate funds separate).
- Pay debts, taxes (including any estate information return required in Ontario), funeral and administrative costs.
- Distribute remaining assets according to the will once allowed.
- Keep clear and accurate records and file final accounts as required.
These steps help you fulfil your obligations and protect yourself from potential liability.
10. Final thoughts
Being named as Estate Trustee in Ontario is not simply a ceremonial role. It comes with real duties, risks and one very important decision: Will you serve or not? If you choose to decline, do so formally and without delay. If you choose to accept, proceed carefully — seek legal and accounting advice if there is any complexity.
At the end of the day, the goal is to honour the will-maker’s wishes while administering the estate efficiently, correctly and transparently. Whether you serve or step aside, make sure your decision is deliberate and informed.
