What standard of care is an executor held to in Ontario?

Ontario's Trustee Act sets out the standard of care that applies to estate trustees (executors). An executor must exercise the care, skill, diligence, and judgment that a person of ordinary prudence would exercise in managing the property of another person. Courts have indicated that an executor who holds themselves out as having professional expertise — for example, a lawyer or accountant acting as executor — may be measured against that professional skill; this comes from the case law rather than the Trustee Act.

This standard affects every aspect of the administration: how assets are safeguarded, how the estate is invested during administration, how promptly debts are paid, how decisions are documented, and how beneficiaries are communicated with. An executor who simply ignores their duties or acts recklessly without regard for the consequences falls short of this standard.

The duty of care does not demand perfection. An executor who makes a reasonable, informed decision that turns out badly is generally not liable if they followed a sound process. Documenting that process — seeking advice, getting valuations, comparing options — is the practical way to demonstrate that you met the standard.