Can a Beneficiary Have an Executor Removed in Ontario?

Yes, a beneficiary can apply to the court to have an executor removed in Ontario, but the decision belongs to the judge and it is not made lightly. A removal order can be requested by a person interested in the estate, such as a beneficiary, as well as by a co-executor or by an executor who wants to be relieved of the office.

The Superior Court of Justice may remove an executor or administrator on any ground on which it could remove any other trustee, and it may appoint a replacement. The Trustee Act lists grounds for replacing a trustee, including refusing to act, being unfit or incapable of acting, remaining out of Ontario for more than twelve months, conviction of an indictable offence, and being bankrupt or insolvent.

The Court of Appeal for Ontario has said that removing estate trustees chosen by the deceased is a serious matter. If one of several executors is removed, the court need not appoint a replacement, and the estate may continue with the remaining executors. Whether your concerns would support removal depends on the facts, so it is worth speaking with a lawyer before you apply.