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Wills & Estates

Can an executor keep running a family business while the estate is being administered in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, an estate trustee, or executor, can generally keep a family business running during administration, and often needs to, since shutting it down abruptly can destroy value that beneficiaries are relying on. The starting point is the will itself: many wills for business owners specifically authorize the estate trustee to continue operating the business, hire management, or hold onto shares rather than sell immediately, which gives the estate trustee clear authority and some protection for decisions made in that role.

Where the will is silent, an estate trustee can still often continue the business for a reasonable period while sorting out the estate, but they're doing so under their general fiduciary duty to act in the best interests of the estate and its beneficiaries, and they take on more personal risk if something goes wrong — an estate trustee who keeps a struggling business running and loses money doing so can face beneficiary complaints or a claim that they should have wound it up sooner. Given that risk, an estate trustee in this position should get legal advice early, and in some cases may want direction from the court before making major operating decisions.

Key takeaways

  • Wills for business owners often specifically authorize the estate trustee to keep the business running.
  • Without that authorization, an estate trustee can still often operate the business short-term under their general fiduciary duty.
  • An estate trustee who continues a struggling business takes on personal risk if beneficiaries later object.
  • Court direction can be sought before major operating decisions where the will doesn't provide clear authority.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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