Executor de Son Tort in Ontario: When Acting Like an Executor Makes You Liable Like One

When someone dies, a family member often steps in right away — paying a final bill, collecting mail, cancelling a cell phone plan. Most of that is harmless. But in Ontario, if a person goes further and starts actively managing a deceased person's assets without any legal authority to do so, they can become what the law calls an executor de son tort — literally, "executor of their own wrongdoing."

This is not a title anyone applies for. It is a legal consequence that gets imposed after the fact, usually when something has gone wrong with money or property that person handled. Understanding where the line sits can save a well-meaning family member from a serious legal problem.

What "Executor de Son Tort" Actually Means

The phrase describes a person who behaves as though they are an estate trustee — collecting the deceased's assets, paying out money, or dealing with property — without ever being formally appointed as estate trustee and without being named as executor in a valid will they are actually entitled to act under.

The law treats that person's conduct as if they had accepted the role. That means:

• They can be held to the same fiduciary duties as a properly appointed estate trustee.
• They can be made personally liable for how they handled estate money or property.
• They do not get the legal protections and authority that come with an actual appointment.

In short, the law gives someone the burdens of being an executor without any of the recognized powers.

Everyday Actions vs. Acting as Estate Trustee

Not everything a grieving family member does rises to this level. Ontario courts and practitioners generally distinguish between minor acts of humanity and true intermeddling with estate assets.

Generally low-risk actions

• Arranging or paying for the funeral
• Notifying banks, government offices, or utilities of the death
• Securing the home (changing locks, turning off water) to prevent loss
• Collecting mail or feeding pets

Actions more likely to create exposure

• Withdrawing money from the deceased's bank account for purposes beyond funeral costs
• Selling, giving away, or using the deceased's personal property
• Collecting debts owed to the deceased
• Paying some creditors while ignoring others
• Distributing any of the estate's assets to beneficiaries or family members

The difference generally comes down to whether the person is simply preserving the estate versus actually administering it — making decisions only a properly authorized estate trustee should make.

Why This Status Creates Real Risk

Being treated as an executor de son tort is not a technicality. It exposes the person to the same kind of accountability a court-appointed estate trustee faces, including having to account for what they did with the money or property.

A few practical consequences follow:

1. Personal liability. If assets are mishandled, lost, or used improperly, the person can be personally on the hook — not just the estate.
2. No court-backed authority. Banks, the land registry, and investment firms are not obligated to deal with an executor de son tort the way they would someone holding a proper Certificate of Appointment.
3. Complicated later administration. A properly appointed estate trustee may need to unwind or account for whatever the unauthorized person already did — creating friction, delay, and sometimes litigation among family members.
4. No shield from renunciation. A named executor who has already started intermeddling may find it harder to formally step back from the role later, because their conduct has already treated the assets as under their control.

How This Differs From a Properly Appointed Estate Trustee

What to Do If You Are Unsure Whether You Have Authority

If you have been named in a will, or you expect to apply to be an estate's administrator because there is no will, the safest course is to hold off on active administration steps until your authority is confirmed. That generally means:

• [ ] Do not withdraw or move money from the deceased's accounts beyond what is needed for immediate funeral costs, and even then, keep detailed records and receipts
• [ ] Do not distribute any asset, personal item, or sum of money to yourself or any other person
• [ ] Do not sell, transfer, or use estate property as your own
• [ ] Speak with a lawyer early if you are not sure whether an action counts as protective (fine) or administrative (risky)
• [ ] If you do not want the role, avoid taking any administrative action at all until you have formally addressed your position

A lawyer can help confirm what is genuinely urgent and protective versus what should wait for a formal appointment — and can help apply for that appointment where needed.

Frequently asked questions