Can an executor delegate their duties to someone else in Ontario?

The general rule under Ontario's Trustee Act is that an executor cannot delegate their core decision-making duties to another person. The testator chose a specific person to exercise judgment over the estate — that trust cannot simply be handed off without limitation.

However, executors can and should delegate specific tasks that require professional expertise, such as hiring a lawyer to handle the probate application, engaging an accountant to prepare tax returns, retaining a real estate agent to sell property, or working with a financial advisor on estate investments. These are delegations of tasks, not of the executor's overall discretion and judgment.

When an executor does delegate a professional task, they must exercise care in selecting the professional and monitoring their work. An executor who blindly follows professional advice without any scrutiny is still responsible for the outcome. The duty to supervise and make final calls remains with the executor.

Legislation has evolved to give executors somewhat more flexibility to delegate investment functions under certain conditions, but this is complex and context-dependent — legal advice is recommended before broadly delegating estate investment management.