Duties of an Executor or Estate Trustee

(This is an edited version of our Client Guide which provides general information and is made available to our clients to assist them to understand the duties of an executor or estate trustee. This is not intended to constitute legal advice, which by its nature is situation specific. If you have questions about a specific legal problem as an executor or estate trustee of an estate, you should consult a lawyer who will provide legal advice only after reviewing all the facts relevant to your situation, rather than relying on the general information provided in this Guide.)

An estate trustee is the name that is now used in the Rules of Civil Procedure to describe an executor where there is a will or an administrator where the testator or testatrix did not leave a will. The duties described here generally apply to estate trustees with or without a will. Many people are honoured to be named an executor or estate trustee. It is, of course, an honour to have earned the respect of the testator or testatrix such that he or she is prepared to trust the executor to carry out the wishes expressed in the will. However, such honour also brings with it significant responsibilities and sometimes, hard work.

Here's a brief outline of what is expected of an executor or estate trustee:




















Where a question arises concerning the sale or management of estate property or administration of the estate, an application may be brought to the court for directions.



Any questions? If you have any questions about your responsibilities, please contact us at:

W. Bruce Drake
Hooey · Remus
Telephone: (416) 362-2051
Facsimile: (416) 362-3646
Suite 1410, 120 Adelaide Street West
Toronto, Ontario M5H 1T1

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This page was originally created on September 30, 2000 and was last updated on September 22, 2011.
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