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Wills & Estates

How much should an executor hold back from final distribution in case an unknown claim surfaces later?

TSL Written by the Treadstone Law team· Updated August 2026

There's no fixed percentage or dollar figure that applies to every estate - how much to hold back depends on the specific risks in that estate, such as whether a creditor notice period has been properly completed, whether a CRA clearance certificate has actually been obtained, and whether there's any realistic possibility of a late tax reassessment, an unresolved claim, or an unpaid bill still surfacing. An estate trustee who has properly gone through the Trustee Act notice-to-creditors process and secured a clearance certificate has generally addressed the biggest categories of risk already, which can reduce how much of a holdback is realistically needed.

Where more uncertainty remains, for example an estate with ongoing litigation risk, a business the deceased owned, or a tax filing that hasn't yet been finalized, a larger or longer holdback is more prudent, even though it delays what beneficiaries receive. This is ultimately a judgment call the trustee has to make and be able to justify if a beneficiary later asks why funds were held back or already distributed.

Rather than guessing at a number, an estate trustee facing genuine uncertainty should discuss the specific risks with the estate's lawyer and accountant, and document the reasoning behind whatever holdback amount is chosen.

Key takeaways

  • No standard percentage or amount applies across all estates
  • Completing the creditor notice process and clearance certificate reduces the risk to hold against
  • Ongoing litigation, business assets, or open tax filings justify a larger holdback
  • Document the reasoning behind the holdback amount chosen, in case it's later questioned
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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