What are the main duties of an estate trustee in Ontario?

An estate trustee (executor) in Ontario holds a position of trust and is held to fiduciary standards. Their core duties include: gathering and safeguarding the estate's assets, identifying and paying all valid debts and liabilities (including taxes), administering any trusts created by the will, and distributing the remaining estate to the rightful beneficiaries in accordance with the will's terms.

The estate trustee must act honestly, in good faith, and solely in the interests of the estate and its beneficiaries — not in their own interest. They cannot profit personally from the role beyond lawful compensation, and they must avoid conflicts of interest. For example, an estate trustee who is also a creditor of the estate, or who stands to benefit from a particular transaction, must be very careful to handle those situations transparently.

The trustee must also invest estate assets prudently while the estate is being administered, keep proper accounts, file all required tax returns for the deceased and the estate, and obtain tax clearance from the Canada Revenue Agency before making a final distribution (to avoid personal liability for outstanding taxes).

Failing to meet these duties can result in the trustee being personally liable to beneficiaries for losses, being ordered to repay improper fees or expenses, or being removed from the role by the court.