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How Much Can an Executor Charge in Ontario? Fee Guidelines

Learn how executor compensation works in Ontario: the fair and reasonable allowance, when pay can be taken, tax on fees, and what beneficiaries can ask.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 13, 2026
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Key takeaways
  • Ontario law gives an estate trustee a fair and reasonable allowance for care, pains, trouble and time, rather than a fixed fee.
  • If the will fixes the allowance, the general rule in section 61 of the Trustee Act does not apply.
  • Taking pay before accounts are passed is only allowed in limited situations, and any excess can be ordered repaid.

If you are an executor, you may be wondering whether you can be paid for the work, and how much. If you are a beneficiary, you may be wondering whether the amount an executor takes is fair. Both questions come back to the same legal test.

This article explains how compensation is set in Ontario, what it is often confused with, and what records and steps help avoid disputes. It is general information, not advice on your estate.

The rule: a fair and reasonable allowance

An estate trustee, which is the formal name for an executor, is entitled to a fair and reasonable allowance for the care, pains, trouble and time spent on the estate, as allowed by a judge of the Superior Court of Justice. There is no fixed percentage written into that rule.

The amount can be settled even if the estate is not before the court in an action. When accounts are passed, the judge may allow a fair and reasonable allowance. In practice, that means beneficiaries and the executor can often agree, and the court steps in if they cannot.

When the rule does not apply

Read the will carefully before assuming the general rule governs. Whether a particular clause fixes compensation can depend on its wording, and a lawyer can confirm.

Do not confuse this with power of attorney fees

Fee scales you may see online often belong to other roles. An attorney under a continuing power of attorney for property is paid under a prescribed scale, not an executor. A guardian of property or attorney may take annual compensation in accordance with that scale. A continuing power of attorney ends when the grantor dies, and from then the estate trustee named in the will deals with the property.

RoleHow payment is set
Executor (estate trustee)Fair and reasonable allowance
Attorney under continuing power of attorney for property3% on receipts, 3% on disbursements, and three-fifths of 1% of the annual average asset value
Public Guardian and Trustee (estate administration)3% per transaction and 0.60% of annual asset value

These figures are for comparison only. They do not set an executor's pay.

Taking payment, records and tax

Taking compensation before accounts are passed is called a pre-take. The Court of Appeal for Ontario has held it is allowed only with the agreement of all interested persons who are sui juris, with court approval, or where the will provides for it. If a pre-take is later judged too high, the court can approve a lower amount and order the difference repaid to the estate.

Executors must keep accurate records of the estate's assets and transactions. An executor who believes an expense is properly incurred may pay it from the estate or pay personally and recover it, but the court can later disallow an expense that was not properly incurred.

Executor fees are taxable. CRA treats them as business income if the person acts as executor in the course of a business, and otherwise as income from employment or office.

What to do next

Frequently asked questions

Is there a set percentage an executor can charge in Ontario?

The statute speaks of a fair and reasonable allowance, not a set percentage. The amount can be agreed or, if needed, assessed by the court.

Can an executor pay themselves before the estate is settled?

Only in limited cases: with agreement of all interested persons who are sui juris, with court approval, or where the will allows it. If the court later approves less, the difference can be ordered repaid.

Does the will change how much an executor gets?

Yes. If the will fixes the allowance, the general rule in section 61 of the Trustee Act does not apply.

Is executor compensation taxable?

Yes. CRA treats it as business income or as income from employment or office, depending on the circumstances.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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