Can an executor resign or refuse the job in Ontario?
Yes. A person named as estate trustee in a will does not have to act. If you renounce probate, your rights as executor wholly cease, and administration proceeds as if you had never been appointed. Where other executors are named, a probate application must include a renunciation (Form 74G) from every living person named in the will as estate trustee who has not joined the application.
Others can push the issue. Any person with a financial interest may move for an order requiring a named person to accept or refuse the appointment. If the named trustee declines or cannot act, the beneficiaries may nominate another person. If you are unsure, avoid taking steps in the estate before you decide, because acting can change your options.
Once you have started acting, it is harder. The Trustee Act's out-of-court retirement procedure does not apply to executors or administrators, so an estate trustee who wants to step down after acting generally needs a court order, for example under s. 5 or s. 37. The court may also remove an estate trustee and appoint another proper person in their place.
Key takeaways
- A person named as estate trustee in a will does not have to act.
- When a named executor renounces probate, their rights as executor wholly cease and administration proceeds as if they had never been appointed.
- After acting, an executor generally needs a court order to step down, because the Trustee Act's out-of-court retirement procedure does not apply to executors.
- A person with a financial interest can ask the court to require a named person to accept or refuse the appointment.