Executor Compensation Disputes in Ontario

Executors (estate trustees) are generally entitled to be paid for their work, but beneficiaries often feel the amount taken is too high, was taken too early, or is not matched by the effort. If you are in that position, it helps to know what the process looks like before you raise it.

This article explains when compensation can be taken, how the court looks at it, and the steps for challenging it. It does not set out a fee percentage, because what is fair depends on the facts of the estate and a lawyer or accountant can confirm the right approach.

When an executor can take pay

The first question is timing. An estate trustee may take compensation before the accounts are passed only in limited circumstances: unanimous agreement of the interested persons, court approval, or where the will allows it.

If an estate trustee pays themselves outside those circumstances, they risk a reduced amount of compensation, an order to repay, and liability for breach of trust. So if you learn that fees were paid out early, it is worth asking what basis the estate trustee relied on.

How the court decides what is fair

When accounts are contested, the court does not look at everything. On a contested passing of accounts, it adjudicates only the issues raised in the notices of objection to accounts. That makes the wording of your objection important: if compensation is your concern, say so clearly.

The forms of judgment available include an order for fair and reasonable compensation to the estate trustee. What the court decides in a particular case depends on the evidence, so it is worth confirming with a lawyer how this applies to your situation.

Steps to challenge the compensation

No law requires an estate trustee to pass accounts at fixed intervals. If the estate trustee has not offered accounts, you may need to start that process yourself.

Timing and costs

The basic limitation period is two years from the day a claim is discovered. However, the Court of Appeal has held that a beneficiary's notice of objection to an estate trustee's accounts does not commence a proceeding, and that an objection to old accounts is not barred by the two-year period. The court was concerned that otherwise an estate trustee would have a perverse incentive to wait out the period.

How timing applies to other kinds of claims depends on your situation, so it is worth confirming with a lawyer. A person is presumed to know of a claim against an estate trustee on the day the act or omission took place, unless the contrary is proved.

• Costs come out of the estate only where public policy considerations apply, such as ensuring the estate is properly administered.
• Courts may make blended costs orders, with the loser paying part and the estate bearing the balance.
• In one case an estate trustee who acted unreasonably and in his own self-interest was held personally responsible for costs and was not entitled to indemnity from the estate.
• In the Toronto Region Estates List, parties must file a costs outline through the Ontario Courts Public Portal before the hearing and serve it.

Who else may need to be involved

If a child has an interest in the estate, the Office of the Children's Lawyer must be served in an application to pass estate accounts. That can add a step and should be planned for. The court filing fees quoted here come from a page updated April 9, 2026, and can change, so confirm them before filing.

What to do next

• Ask the estate trustee in writing whether they have taken compensation, how much, when, and on what basis.
• Ask for the accounts and supporting records, such as statements and invoices.
• Check the will for any wording about compensation.
• Write down what work the estate trustee did and what you believe was reasonable.
• Speak with an Ontario estate lawyer or accountant before filing an objection so that it covers everything you want the court to review.

Frequently asked questions