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Wills & Estates

Can an Executor Be Paid Back and Take Fees Before the Estate Is Distributed in Ontario?

TSL Written by the Treadstone Law Team· Updated November 13, 2026

Partly, yes. You can be repaid for expenses you properly incur for the estate, but your own compensation is not something you simply take. If a trustee is of the opinion that an expense would be properly incurred in carrying out the trust, they may pay it directly from the trust property, or pay it personally and then recover it from the trust property.

Compensation is a fair and reasonable allowance for your care, pains, trouble and time spent on the estate, as allowed by a judge of the Superior Court of Justice. It can be settled even when the estate is not before the court in an action, and a judge passing your accounts may allow it. On a passing of accounts, notice goes to beneficiaries and other interested persons, and judgment can be given unopposed once the objection period has expired and no notice of objection to the accounts or to the compensation claimed has been received.

Taking fees early, before beneficiaries have agreed or a judge has allowed them, can expose you to an objection. How fees and reimbursements are taxed depends on the facts, so confirm it with an accountant.

Key takeaways

  • Expenses properly incurred in carrying out the trust can be paid from the estate directly, or paid personally and then recovered from the trust property.
  • Compensation is a fair and reasonable allowance for your care, pains, trouble and time, as allowed by a judge of the Superior Court of Justice.
  • A lawyer acting as estate trustee may have the allowance increased by a fair and reasonable amount for necessary professional services.
  • Keep accurate records of every payment, because beneficiaries can object to the accounts or the compensation claimed when accounts are passed.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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