Can the Estate Trustee Be Held Liable for Damage to a Vacant House in Ontario?

Whether an estate trustee can be personally responsible for damage to a vacant house depends on the situation, so it is worth confirming with a lawyer. The estate's property vests in the estate trustee, who holds it as trustee for the people entitled to it. Because the trustee is in charge of the house, a break-in, flood or fire can lead beneficiaries to ask whether the trustee took reasonable steps to protect it. Whether anyone is personally liable depends on what the trustee did, what was reasonable, and what the insurance covered.

Practical steps usually include confirming the insurance policy still applies to an empty home, securing doors and windows, protecting the plumbing from freezing, checking the property regularly, and keeping a written record of what you did and why.

Costs continue while the house sits empty, and real property is liable for the deceased's debts, costs and expenses. If the home is a condominium, the estate as owner remains responsible for common expense fees, and unpaid fees can lead to a lien against the unit. Where the home must be sold, Ontario guidance says the certificate should be obtained before anyone enters into an agreement of purchase and sale.