Is a Trustee Entitled to Be Paid for Managing a Trust in Ontario?

Yes. A trustee is entitled to a fair and reasonable allowance for their care, pains and trouble and the time spent on the estate, and a judge of the Superior Court of Justice fixes the amount.

Compensation may be settled even if the estate is not before the court in an action, and a judge may allow it on a passing of accounts. Two exceptions matter: the usual rule does not apply where the trust document itself fixes the allowance, and a trustee who is a lawyer and provided necessary professional services is dealt with separately for those services.

A beneficiary who objects to the accounts must serve and file a notice of objection at least 35 days before the hearing date. A person who appears to have a financial interest in an estate may bring a motion for an order requiring the estate trustee to pass accounts. A trustee who pays an expense personally can recover it from the trust property, but the court may later disallow it. Because the right amount depends on the facts, a lawyer can help you judge what is reasonable.