Can beneficiaries object to the fees an estate trustee is claiming in Ontario?

Yes. In Ontario, beneficiaries have the right to object to executor (estate trustee) compensation at the passing of accounts. The passing of accounts is the formal court process where the trustee's accounting is reviewed, and beneficiaries can file objections called "notices of objection" if they believe the claimed fees are unreasonable.

The court will assess the reasonableness of the trustee's compensation based on a number of factors: the size and complexity of the estate, the time and skill the administration required, the results achieved, and the degree of care and responsibility involved. Courts may reference the traditional tariff — roughly 5% of the estate — as a guideline, but this is not a ceiling or a floor.

If the court finds that the claimed compensation is excessive, it will reduce it. If it finds the trustee did exceptional work — for example, successfully managing a complex business interest or resolving difficult litigation — it may approve an amount above the guideline. The court can also disallow compensation altogether if the trustee's conduct was dishonest or harmful to the estate.

Beneficiaries considering an objection should be aware that objections themselves carry costs risk — if a court finds an objection was unreasonable, costs can be awarded against the objecting beneficiary. Getting legal advice before filing objections helps assess whether the fight is worth the cost.