What happens if an executor becomes mentally incapable of acting in Ontario?

If an executor becomes mentally incapable of managing property — as determined under the Substitute Decisions Act — they can no longer act as executor. Their own attorney under a continuing power of attorney for property cannot step in to act as executor on their behalf; the personal nature of the role means it cannot be taken over by another person through a POA.

If the incapacitated executor is the sole executor, someone will need to apply to the Ontario Superior Court of Justice to either have the executor replaced or to have a new administrator appointed. Beneficiaries or other interested parties typically bring this application.

If there is a co-executor, the co-executor can often continue administering the estate alone, but this depends on how the will grants authority. Some wills require unanimous action, which would create a problem if one co-executor is incapacitated. An application to the court for directions is the appropriate path in that case.

This is another reason why wills should name alternate executors and be reviewed periodically to ensure the chosen individuals remain willing and capable.