What happens if the executor named in a will refuses to act in Ontario?

In Ontario, no one can be forced to act as an executor (estate trustee). A person named in a will has the right to "renounce" the role before they start administering the estate. Once they formally renounce — by signing a renunciation document — they give up the role and the estate must find another way to proceed.

If there is an alternate executor named in the will, that person steps in. If the will names co-executors and only one renounces, the remaining executor can usually proceed alone. If there is no alternate and no co-executor, or if all named executors renounce, the beneficiaries must apply to the court to have an administrator appointed to manage the estate.

The court has the authority to appoint anyone it deems suitable as administrator — often a beneficiary, a family member, or in complex situations, a professional trust company. The administrator has the same duties and powers as an executor but derives their authority from the court order rather than the will.

If you are named as an executor in someone's will but do not want the role, it is important to seek legal advice about formally renouncing. If you start taking steps to administer the estate — such as accessing bank accounts or communicating with beneficiaries as executor — you may be deemed to have accepted the role and find it harder to step back.