Can an executor be personally sued for mistakes made while administering an estate in Ontario?

Yes. An executor in Ontario acts as a fiduciary and can be held personally liable for losses caused by their breach of duty. If the executor makes a payment that was not a proper estate expense, distributes the estate while debts remain outstanding, pays the wrong beneficiaries, ignores creditors or tax obligations, or acts in their own interest at the expense of the estate, they can face a personal claim from affected beneficiaries or creditors.

Liability does not require intentional wrongdoing — honest mistakes that cause financial harm to the estate can also result in personal liability. For this reason, most estate lawyers recommend that executors act cautiously: wait for a CRA clearance certificate before final distribution, advertise for creditors before distributing, and obtain legal and accounting advice throughout the process.

Executors can protect themselves by keeping thorough records, acting reasonably and in good faith, obtaining court approval (passing accounts) for controversial decisions, and seeking professional advice before taking significant steps. Beneficiaries who have approved an executor's conduct in writing can generally not later sue for losses arising from that approved conduct.