Can an executor be removed or replaced after probate in Ontario?
Yes, the Superior Court of Justice may remove a personal representative on any ground that would justify removing another trustee, and it may appoint new or replacement trustees. Whether your concerns reach that level depends on the facts, so a lawyer can help you weigh them.
A less drastic step is to require accounts. An executor or administrator does not have to account to a court except by inventory, unless a person interested in the estate or a creditor requires it. An interested person may also move for an order requiring the estate trustee to pass accounts. On a passing of accounts, the judge may fully inquire into the deceased's whole property and its administration, and may hear complaints of misconduct, neglect or default that caused loss and order payment to the estate.
Other tools exist too. Any person with a financial interest may apply or move for directions, which can help when co-trustees are deadlocked. The application to pass accounts is served at least 60 days before the hearing, or 75 days if served outside Ontario. Court fees apply, such as $432 for an estate trustee's application to pass accounts and $93 for a notice of objection to accounts.
Key takeaways
- The Superior Court of Justice may remove a personal representative on any ground that would justify removing another trustee, and may appoint replacements.
- An interested person may move for an order requiring the estate trustee to pass accounts.
- On a passing of accounts, the judge may hear complaints of misconduct, neglect or default that caused loss and order payment to the estate.
- Any person with a financial interest may apply or move for directions, which can help with deadlocked co-trustees.