Can an Executor Renounce or Resign in Ontario?
Yes. A person named in a will as estate trustee does not have to act, and if they renounce, their rights in the executorship end and the estate passes as if they had never been appointed.
How you step aside depends on timing. A named estate trustee who has not joined the application signs a Renunciation on Form 74G, Part A. Renunciation is generally available only if you have not yet been appointed by the court and have not taken steps to administer the estate. After that, stepping aside requires retirement or removal by court order, and the Superior Court of Justice may remove a personal representative and appoint someone else under Trustee Act s. 37(1).
Anyone with a financial interest in the estate may move under rule 74.15 for an order that a named person accept or refuse appointment, and a person who does not respond in the stated time is deemed to have renounced. Form numbers have changed in recent years, so confirm the current form before filing. A lawyer can help if you have already started acting.
Key takeaways
- A person named in a will as estate trustee does not have to act.
- A named estate trustee who has not joined the application signs a Renunciation on Form 74G, Part A.
- Renunciation is generally available only if you have not been appointed by the court and have not taken steps to administer the estate.
- Anyone with a financial interest in the estate may move under rule 74.15 for an order that a named person accept or refuse the appointment.