Executor or Executrix is called an Estate Trustee in Ontario

Background

In Ontario, the terms Executor (male) and Executrix (female) were formally replaced by the gender-neutral term Estate Trustee in 1995.

This change was part of a major overhaul of the Ontario Rules of Civil Procedure intended to simplify legal language and reflect the modern understanding of the role.

1. Why the change?

Before 1995, Ontario used several different titles depending on whether there was a will and who was appointed:

Executor/Executrix: Named in a valid Will.
Administrator: Appointed by the court when there was no Will (intestacy).
Administrator with Will Annexed: Appointed when there was a Will, but no executor was named or available.

The province consolidated these into one title—Estate Trustee—to provide a single, clear label for anyone legally authorized to manage a deceased person's affairs.

2. The Legal Distinction

In Ontario, the legal terminology depends on whether the deceased person left behind a valid Will. If there is a Will, the person responsible for managing the affairs is known as an Estate Trustee with a Will; this role was formerly called an Executor, and their legal authority is derived directly from the Will itself. Conversely, if there is no Will, the person appointed to manage the estate is known as an Estate Trustee without a Will. This individual was formerly called an Administrator, and because there is no private document to grant them power, their authority must come from a formal court order.

3. "Trustee" vs. "Estate Trustee"

It is important to distinguish between a general Trustee and an Estate Trustee:

Estate Trustee: Their job is primarily to wind up the estate—paying debts, filing final tax returns, and distributing assets to beneficiaries. Their role usually ends once the estate is settled.
Trustee: If a Will creates a long-term trust (e.g., for a minor child or a person with a disability), the person managing those specific funds over many years is acting as a Trustee. In Ontario, the same person often holds both roles, transitioning from "Estate Trustee" to "Trustee" once the initial estate administration is complete.

4. Probate in Ontario

Because of this name change, the document often referred to as "Probate" is officially called a Certificate of Appointment of Estate Trustee. When a bank or the Land Registry Office asks for "probate," they are looking for this specific certificate issued by the Superior Court of Justice.

What Potential Estate Trustee (Executor) challenges might there be if you do not have a Valid Will in Ontario?

Without a Will to provide clear instructions and legal authority, this individual faces several significant hurdles that can make the process longer, more expensive, and legally risky.

1. Lack of Immediate Authority

The biggest challenge is that authority does not exist until the court grants it. * With a Will: An executor gets their power from the Will the moment the person dies. They can immediately secure the home, talk to banks, and manage urgent business.

Without a Will: No one has the legal right to act until they receive a Certificate of Appointment from the court. This can take months, during which time assets may be "frozen," bills might go unpaid, and property may sit unmanaged.

2. The Bond Requirement

Ontario law generally requires an Estate Trustee Without a Will to post an Administration Bond.

This is a type of insurance that protects beneficiaries and creditors against mismanagement or theft by the trustee.
The bond is often for double the value of the estate.
Obtaining a bond can be difficult, expensive, and requires the trustee to have a strong personal credit score. While a judge can waive this requirement, it usually requires the written consent of all adult beneficiaries.

3. Determining "Priority" to Act

When there is no Will, the court follows a strict priority list (under the Succession Law Reform Act) to decide who can apply:

Married spouse
Children
Grandchildren
Parents
Siblings

If multiple people have the same priority (e.g., three siblings), they must all agree on who will act. If they cannot agree, it often leads to costly litigation just to decide who gets to be the trustee.

4. Limited Decision-Making Power

An Estate Trustee Without a Will is strictly bound by the "default" laws of Ontario. They lack the flexibility often found in a Will, such as:

No discretion on distribution: They must distribute assets according to a fixed formula, even if it ignores a common-law partner (who has no automatic right to inherit under intestacy laws) or estranged family members.
No specific powers: They may not have the power to hold money in trust for a child until they are 25; instead, the money must often be paid into court and given to the child the moment they turn 18.
Investment restrictions: Their ability to invest estate funds is often much more restricted than a named executor’s would be.

5. Higher Personal Liability

Because there is no Will to provide "indemnity" or "exoneration" clauses (which often protect executors from honest mistakes), a trustee without a will is more exposed to personal lawsuits from disgruntled relatives or creditors.

The legal experience of an Estate Trustee varies significantly depending on whether a valid Will exists. For an Estate Trustee With a Will, authority begins immediately upon the death of the testator, whereas an Estate Trustee Without a Will must wait months for a Court Certificate to gain legal standing. Financial security requirements also differ; bonding is usually waived within a Will, but for those acting without one, a bond is typically required, often totaling double the estate's value.

Furthermore, a Will allows for a distribution that follows the deceased’s specific wishes and can fully protect common-law partners; in contrast, an intestacy forces a rigid government formula where common-law partners automatically receive nothing. Finally, while a Will allows for assets to be held in trust for minors until ages such as 21 or 25, an estate without a Will generally requires that a minor's share be paid out as soon as they reach the age of 18.