What Happens if an Executor Dies or Is Incapable in Ontario?

Someone else can step in, but it takes a court process. When a named or appointed estate trustee dies or becomes incapable, a replacement can be appointed by court certificate, the Certificate of Appointment of Succeeding Estate Trustee With a Will.

If the person applying for that certificate is not named in the will, they need consents from beneficiaries with a majority interest in the undistributed assets. Form numbers have changed in recent years, so confirm the current form with the court. The Public Guardian and Trustee may act as estate trustee of last resort, for example where the executor has since died or become incapable.

If an appointed executor is still living but cannot carry on, the Superior Court of Justice may remove a personal representative and appoint someone else under Trustee Act s. 37(1). If a minor is named as the sole executor, administration with the will annexed is granted to the minor's guardian until the minor turns 18. Which route fits depends on the will, who is left, and what the executor had already done, so a lawyer can confirm.