The will named you, or the family chose you. Either way, the court applications, tax filings, creditor notices, and beneficiary expectations are now yours to manage. The decisions you make in the first few weeks will determine whether this process costs your family months or years.
You are personally liable for mistakes. That sentence is worth reading twice. As estate trustee, if you distribute assets before obtaining a clearance certificate from the CRA, the unpaid taxes come out of your pocket. If you pay one creditor ahead of another in an insolvent estate, the shortfall is yours. If you miss the 180-day deadline to file the Estate Information Return with the Ministry of Finance, fines start at $1,000 and there is no limitation on future audits.
These are not edge cases. They are the ordinary consequences of administering an estate without someone watching the deadlines, the tax filings, and the order of payments. Executors hire lawyers because the personal stakes are high and the early decisions are the ones that cannot be undone.
We handle estate administration from beginning to end. The court applications, the tax filings, the creditor notices, the beneficiary distributions, and the formal discharge of the estate trustee.
We review the will, identify the assets and debts, and flag problems before they become expensive. A dependant who may claim support under the Succession Law Reform Act. A beneficiary designation that contradicts the will. Jointly held property where the surviving owner's claim is weaker than they think.
We prepare the application for a Certificate of Appointment of Estate Trustee. We calculate and pay the Estate Administration Tax. We publish the notice to creditors under section 53 of the Trustee Act to protect you from personal liability. We coordinate with accountants on the final tax return and the estate's T3. We request the CRA clearance certificate. We file the Estate Information Return.
When estates are contested, we advise on the legal options and prepare the court materials. Capacity challenges. Undue influence. Dependant support claims. Disputes between co-executors. Beneficiaries who want the trustee removed. We work toward resolution through mandatory mediation or, where necessary, litigation.
The first step is understanding where things stand. What assets exist. What debts are outstanding. Who the beneficiaries are. Whether anyone is likely to make a claim.
From there, we lay out the full process, identify the deadlines that matter, and give you a clear picture of your responsibilities and your exposure. We tell you what you can do now, what needs to wait, and what happens if you move too quickly.
The most common mistake is distributing assets before the estate is ready. Before the CRA issues a clearance certificate. Before the six-month window for dependant support claims has closed. Before all creditors have been notified. Moving too fast creates liability that follows you personally. We make sure you move at the right pace.
Someone has died. You found out you are the estate trustee. The bank wants a Certificate of Appointment before they will release funds. We walk you through the entire process from day one.
Intestate estates are harder. You need consents from next-of-kin, you may need to post a bond worth double the estate value, and the Succession Law Reform Act decides who gets what. Common-law partners inherit nothing. Step-children inherit nothing unless legally adopted.
Capacity disputes. Undue influence allegations. Claims that the will does not reflect what the deceased actually wanted. Will challenges are emotionally charged and procedurally complex. We assess the merits and prepare the court materials.
Under the Succession Law Reform Act, a spouse, common-law partner, parent, child, or sibling who depended on the deceased can apply for provision from the estate within six months of the Certificate being issued. These claims override both wills and intestacy rules.
Private company shares create valuation disputes, shareholder agreement complications, and potential dual-will strategies. Administration of business assets requires coordination between estate counsel, corporate counsel, and the company's accountant.
Estate trustees owe fiduciary obligations to the beneficiaries. If the trustee is delaying without justification, failing to account, or acting in self-interest, the court can compel an accounting, reduce compensation, or remove the trustee entirely.
If you have been named executor, a conversation now prevents problems later. If you are a beneficiary with concerns, the same applies.