What happens if the person I named as estate trustee dies before I do in Ontario?

If your named estate trustee dies before you and you have not named an alternate, your will does not automatically fail — but administering your estate becomes more complicated. The beneficiaries named in your will can apply to the court to appoint an administrator with will annexed, who carries out the will's instructions but without the authority originally granted to your named trustee.

If you named an alternate estate trustee in your will, that person steps in. This is the cleanest outcome and one of the strongest reasons to always include an alternate.

The problem is particularly acute when the deceased trustee was also a beneficiary, or when the will contains provisions that were specifically intended for that person to exercise (such as discretionary powers over a trust). Courts will generally try to give effect to the will's intent, but the process is slower and more costly than a seamless succession to an alternate.

When a named estate trustee dies or becomes unable to serve, this is a clear signal to update your will immediately — either with a codicil changing the trustee or by making a new will. If both your primary and alternate trustees are gone, finding new candidates and updating the will promptly protects your estate from unnecessary court involvement.