Can an executor resign or step down in Ontario?
It depends on whether you have started acting. A person named as estate trustee in a will does not have to act, and if they decline or cannot act, the beneficiaries may nominate another person.
When a named executor renounces probate, their rights as executor wholly cease, and administration proceeds as if they had never been appointed. 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. Any person with a financial interest may move for an order requiring a named person to accept or refuse appointment.
Stepping down is harder once you have started acting. The Trustee Act's out-of-court retirement procedure (s. 2) does not apply to executors or administrators, so you generally need a court order, for example under s. 5 (appointing new trustees) or s. 37 (removal and replacement). Avoid dealing with estate property until you have decided. Because the right route depends on how far you have gone, talk to a lawyer before you act or step back.
Key takeaways
- A person named as estate trustee in a will does not have to act, and if they decline, the beneficiaries may nominate another person.
- When a named executor renounces probate, their rights as executor wholly cease, as if they had never been appointed.
- A probate application must include a renunciation (Form 74G) from every living person named as estate trustee who has not joined the application.
- An executor who has already started acting cannot use the Trustee Act's out-of-court retirement procedure and generally needs a court order.