Author: Sarah Nadon - Law Student
Edited By: Ryan Carson

An Estate Trustee is the person or people that a deceased had named in their Will to take care of all of their belongings after they have passed. There are numerous possibilities of who can be named an estate trustee. For example, one’s spouse, adult child, friend, relative or lawyer. Many factors can come into play when selecting your estate trustees such as family dynamics, relationships, timing and willingness to be the estate trustee. However, there are only two rules when choosing the estate trustee; the individual must be over the age of majority (18 years old) and must be mentally capable. Ideally, the estate trustee should be someone well trusted as they are going to execute your will.

The Estate Trustee is responsible for:

• Arranging for the funeral and disposition of the remains;
• Locating the Will and instructing a solicitor to apply for the appropriate grant of appointment;
• Applying for probate;
• Locating all assets of the estate, both financial and property, and making arrangements to secure, preserve and disposed of such assets by the terms of the will;
• Advertising for creditors and paying all debts for the estate and filing appropriate tax returns;
• Preparing a set of accounts for approval of the beneficiaries or the court; and
• Disposing of the estate.¹

After executing the Will and completing their responsibilities, section 61 of the Trustee Act, RSO 1990, c t23, states that an estate trustee is entitled to a fair and reasonable allowance for the care, pains and trouble, and the time expended in and about the estate.² The amount of compensation may be specified in the Will; however, a judge also has discretion over the amount of compensation that can be awarded based on the amount of work done by the trustee on the estate.

The selection of an estate trustee is a personal one, and making the decision is important, whether the trustee be family or a trusted friend. It is important to note that even if someone is appointed an estate trustee, they are not compelled to act as the estate trustee. They may renounce their position at any time. You are the best person to decide who will properly execute and distribute your estate.

This article is a broad overview of the responsibilities of an estate trustee and is not exhaustive.

Articles written by Sarah Nadon:

Three Types of Restricted Covenants that are Found in Employment Contracts Registered and Unregistered Trademarks
Fiduciary Duty
Trust Basics
Trademark Registrability
Test for Breach of Confidence What is Frustration of Contract? Important Clauses in a Letter of Intent Valid, Void and Voidable Contracts What Is Trademark Confusion?
Understanding Construction Liens Force Majeure Determining Which Business Venture is Right for You! Kawhi Leonard Loses Copyright Lawsuit against Nike

Disclaimer

The content on this web site is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. Users of this web site are advised to seek specific legal advice by contacting members of Carson Law, Carson IP, or their own legal counsel regarding any specific legal issues. Carson Law does not warrant or guarantee the quality, accuracy or completeness of any information on this web site. The articles published on this web site are current as of their original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose.

References

¹ Rooney Estate v Stewart Estate, [2007] OJ No 3944 at para 17.
² Trustee Act, RSO 1990, c t23 s.61.