- The Superior Court of Justice can appoint an administrator while an action is pending about the validity of a will, or about obtaining, recalling or revoking a probate or grant of administration.
- The appointee has general powers except distributing the residue, and is under the court's direct control.
- Ontario's rules call this person an estate trustee during litigation.
When family members fight over a will, an estate can end up frozen. Bills keep arriving, property needs looking after, and nobody has clear authority to act until the dispute is resolved. Ontario has a tool for exactly this situation.
This article explains when the court appoints an estate trustee during litigation, what that person can and cannot do, and what it means for the usual estate paperwork. Whether it makes sense in your situation depends on the facts, so a lawyer should confirm the details.
What an estate trustee during litigation is
An estate trustee during litigation is a temporary manager for an estate. Under section 28 of the Estates Act, the Superior Court of Justice can appoint an administrator while a legal action is pending. Rule 74.01 calls this person an estate trustee during litigation.
It helps to compare this with the ordinary process. Probate is the court procedure that gives someone authority to act as estate trustee, confirms the authority of a trustee named in a will, or approves a will as valid. The document the court issues is a Certificate of Appointment of Estate Trustee. When a dispute is holding that up, the temporary appointment fills the gap.
When the court can make the appointment
The Estates Act allows the appointment while an action is pending about the validity of a will, or to obtain, recall or revoke a probate or grant of administration. In plain terms, that covers a fight over whether a will is valid and a fight over who should hold the court's authority to administer the estate.
- A family member challenges whether the will is valid.
- Someone asks the court to recall or revoke a probate or grant of administration that has already been issued.
- Someone is trying to obtain a probate or grant, and the action is still pending.
The court decides whether an appointment is appropriate and who should be appointed. Those choices turn on the facts of the dispute, so a lawyer can tell you how a judge might approach your case.
What the appointee can and cannot do
The administrator has general powers, except for distributing the residue, and is under the court's direct control. The residue is what is left after debts and other obligations are dealt with.
| Role | Main job |
|---|---|
| Estate trustee during litigation | Manage the estate while the dispute is pending, without distributing the residue, under the court's direct control |
| Estate trustee after the certificate | Wind up affairs, pay taxes, bills and debts, collect assets and distribute the residue |
In practice, this means beneficiaries should not expect any final distribution until the dispute is resolved and the usual estate administration can proceed. The temporary role keeps the estate stable. It does not decide who wins.
Tax, filings and objections
A Certificate of Appointment of Estate Trustee During Litigation is one of the certificates for which no Estate Administration Tax or Estate Information Return is required. That is different from the usual certificate, where the tax is paid as a deposit when the application is filed.
Filing also works differently. The email process for probate applications does not apply to documents filed in estate litigation. Those are filed like other civil litigation documents, through the Civil Submissions Online portal.
Disputes often begin with an objection. If a beneficiary has filed a Notice of Objection (Form 75.1), the applicant must give notice to the objector (Form 75.3). If an issue needs a judge, a judge reviews the application and may make an order.
What to do next
- Gather the will, any codicils and any court documents already filed or served.
- Write down what the estate owns and what needs attention now, such as insurance, property upkeep and bills.
- Note whether a Notice of Objection has been filed and who has been given notice.
- Avoid moving or distributing estate assets while the dispute is live.
- Talk to a lawyer about whether asking the court for an interim appointment fits your situation.
Estate disputes move on court timelines and depend heavily on the facts. Getting advice early helps you understand your options before assets or relationships are put at risk.
Frequently asked questions
What does an estate trustee during litigation do?
This person is an administrator appointed by the Superior Court of Justice while an action is pending. They have general powers except distributing the residue, and they are under the court's direct control.
Can the interim trustee distribute the estate to beneficiaries?
No. The administrator's general powers exclude distributing the residue. Distribution waits until the dispute is resolved and the usual administration can continue.
Does a certificate during litigation require Estate Administration Tax?
No. A Certificate of Appointment of Estate Trustee During Litigation is one of the certificates for which no Estate Administration Tax or Estate Information Return is required.
Where are estate litigation documents filed?
The email process for probate applications does not apply to estate litigation. Those documents are filed like other civil litigation documents, through the Civil Submissions Online portal.
Sources
- Ontario.ca – Estate Administration Tax — ontario.ca
- Ontario.ca – Apply for probate of an estate — ontario.ca
- Superior Court of Justice – Consolidated Civil Provincial Practice Direction — ontariocourts.ca
- CanLII – Estates Act, R.S.O. 1990, c. E.21 — canlii.org
- Ontario.ca – Administering estates — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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