Can an executor be removed by the court in Ontario and under what circumstances?
Yes. Ontario courts have the inherent jurisdiction to remove an executor who is not fulfilling their duties or who poses a risk to the estate. This is a serious step, but courts will not hesitate to act when the estate or beneficiaries are genuinely at risk.
Common grounds for removal include: failure or refusal to administer the estate within a reasonable time; dishonesty, fraud, or misappropriation of estate assets; a serious and unresolvable conflict of interest; persistent refusal to communicate with beneficiaries or provide an accounting; or the executor becoming incapacitated or moving out of reach in a way that prevents them from acting.
A beneficiary, co-executor, or other interested person must bring a court application to seek removal. The court weighs whether removal is in the interests of the estate and all beneficiaries, and whether the grounds are serious enough to justify the disruption. Courts sometimes prefer to direct an executor to take specific steps rather than remove them outright.
If removed, the court typically appoints a replacement — either a person nominated by the beneficiaries or, if they cannot agree, an independent professional such as a trust company.
Key takeaways
- Courts can remove an executor for misconduct, incapacity, conflict of interest, or refusal to act.
- Any interested person can bring a court application for removal.
- Courts may prefer directing the executor to act before removing them.
- A removed executor is typically replaced by someone nominated by the beneficiaries or the court.