Choosing an executor is one of the most important decisions you’ll make when creating your will. Your executor will be responsible for managing your estate, paying debts, and distributing assets according to your wishes. Picking the right person can make the process smoother for your loved ones and help avoid legal complications. In this guide, we’ll explain what an executor does, what to consider when making your choice, and how to ensure your selection is legally sound in Ontario.

What Is an Executor?

An executor is the person you appoint in your will to manage your estate after you pass away. Their responsibilities include:

Collecting and managing assets
Paying any outstanding debts and taxes
Distributing your property to beneficiaries according to your will
Filing necessary paperwork with the court (probate in Ontario)

It’s important to note that an executor is different from a power of attorney. While a power of attorney acts on your behalf while you are alive, an executor only takes action after your death.

Why Choosing the Right Executor Matters

The right executor can save your estate time, money, and stress. Here’s why it matters:

Ensures your estate is administered according to your wishes
Reduces the risk of family disputes
Helps manage complex assets efficiently
Makes the probate process smoother and faster

Key Considerations When Choosing an Executor

When selecting an executor in Ontario, consider the following:

Trustworthiness – Can this person be relied upon to act honestly and fairly?
Financial Competence – Are they able to manage money and understand financial matters?
Availability and Willingness – Do they have the time and commitment to handle the responsibilities?
Geography – Proximity may make managing the estate easier, though it’s not strictly required.
Relationship to Beneficiaries – Choose someone who can remain impartial to avoid conflicts of interest.
Backup Executor – Always name an alternate in case your first choice is unable or unwilling to serve.

Common Mistakes to Avoid

Even well-intentioned choices can create challenges. Avoid these common mistakes:

Choosing someone too young, inexperienced, or unwilling
Picking a family member with a history of disputes or conflict
Not naming a backup executor
Underestimating the workload involved in administering an estate

Legal Requirements and Steps in Ontario

Ontario law sets a few basic requirements for executors:

Must be at least 18 years old
Must have mental capacity to handle responsibilities
Should not have conflicts of interest that could prevent them from acting impartially

To formally appoint an executor, include their name in your will. You can also appoint multiple executors or a professional executor if needed.

Alternatives to Choosing a Family Member

While many people choose a spouse, adult child, or close friend as their executor, there are other options to consider.

Some choose professional executors, such as lawyers or trust companies, who can act as neutral, experienced administrators of an estate. Professional executors bring expertise and impartiality, which can be especially helpful for complex estates, but they may charge fees for their services.

On the other hand, a trusted family member may provide a more personal touch and understand your wishes intimately, though they might lack experience in managing estate matters. Weighing these options carefully can help ensure your estate is handled smoothly and according to your wishes.

Conclusion

Choosing the right executor is essential for ensuring your estate is managed according to your wishes and minimizing stress for your loved ones. Consider trustworthiness, financial competence, and availability, and don’t forget to name a backup executor.

Contact Lamprey Law to help ensure your executor selection is legally sound, or if you need any other help creating a will.

Frequently Asked Questions About Executors

Can an executor be a friend instead of a family member?
Yes. Ontario law does not require an executor to be related to you. Choose someone you trust to handle your estate responsibly.

How much is an executor paid in Ontario?
Executors are entitled to a fee, which varies depending on the complexity of the estate. Many estates follow Ontario’s suggested fee guidelines, though some executors may waive compensation.

Can I remove or replace my executor later?
Yes. You can update your will at any time to change your executor. It’s important to ensure the new executor is willing and able to take on the role.

How many executors can I name?
You can appoint more than one executor, but be careful—multiple executors must agree on decisions, which can slow down the process.