Executor and Estate Trustee Disputes in Ontario

Are you a beneficiary concerned that an executor or estate trustee is delaying the administration of an estate, withholding information, failing to safeguard assets, making improper payments, or refusing to distribute an inheritance? Are co-estate trustees unable to agree on how the estate should be administered? Or are you an executor or estate trustee whose conduct, decisions, compensation, or continued appointment is being challenged? An executor dispute, or a disagreement between co-estate trustees, can delay distributions, diminish estate assets, increase costs, and intensify conflict among beneficiaries and family members.

The duties of an executor or estate trustee

An executor or estate trustee is responsible for identifying and protecting estate assets, addressing debts and taxes, maintaining appropriate records, communicating with interested parties, and administering and distributing the estate in accordance with the will and Ontario law.

What an executor dispute may involve

A dispute may involve:

unreasonable delay
inadequate disclosure
missing or mismanaged assets
unauthorized transactions or distributions
disputed compensation
conflicts of interest
failure to follow the will
disagreements between co-estate trustees
an alleged breach of fiduciary duty

Removing an executor and other relief the court may order

Depending on the circumstances, the available relief may include:

directions from the court
an accounting
repayment or restoration of estate assets
reduced compensation
the removal and replacement of the estate trustee

How Zel Law can help

If you are concerned about an executor’s or estate trustee’s administration of an estate, or are responding to allegations concerning your conduct in that role, speaking with an estate litigation lawyer early can help you assess the will, the administration completed to date, the available evidence, and the most appropriate procedure. Zel Law’s litigation lawyer has experience with executor and estate trustee disputes involving estate administration, delays, asset management, distributions, compensation, accounting, and alleged breaches of fiduciary duty. Book a consultation to discuss the will, certificate of appointment, estate accounts, asset information, correspondence, distributions, expenses, and the legal options that may apply.

Related disputes

This is part of Zel Law’s estate litigation practice in Ontario. For how fees work, see our flat-fee options.