What If I Don't Want to be an Estate Trustee?

While many may consider being an estate trustee for a friend or family member, a privilege, it is a huge time consuming responsibility that should not be undertaken lightly.

An executor who is named in the will of a deceased but wants to renounce their appointment is not required to provide an explanation. However, common reasons for renouncing appointments include:

The individual who wishes to renounce the appointment must do so before probate has been granted for the estate. They must complete Form 74.11 under the Rules of Civil Procedure, this form is called a “Renunciation of Right to a Certificate of Appointment of Estate Trustee (or Succeeding Estate Trustee) With a Will”).

In the event that a Certificate of Appointment of Estate Trustee has been granted and the estate trustee in question wishes to step down, a court application must be commenced under s. 37(1) of the Trustees Act and the court must order the removal. It is possible that a court may refuse to give this order if the individual has started administering the estate. If you are disinterested in acting from the start, it is wise to renounce as soon as possible.

298 Dundas St W, Unit B
Toronto, ON M5T 1G2

1 (866) 577-8509
Fax: (437) 886-7638

NoticeConnect® is owned by Lex Cortex Ltd. NoticeConnect provides a platform for publishing and disseminating public legal notices. It is the responsibility of the user to ensure compliance with the laws governing notice requirements in that user's particular jurisdiction. The content on this web site, including any interactions with a chat operator, is provided for general information purposes only and does not constitute legal or other professional advice. Our Terms of Use prohibit scraping of any kind. Our Terms of Use also prohibit using contact information in the public legal notices published on this web site for sales or marketing purposes. Read our full Terms of Use for more details.

© Lex Cortex Ltd.