How to Change the Executor of a Will in Canada After Death

If you’re navigating estate administration and need to will change executor, you’re likely dealing with serious concerns—delay, misconduct, conflict of interest, or incapacity. Under Canadian wills estate law, an executor cannot be casually replaced once appointed, but it is possible to remove and substitute one through a legal process, especially when the estate’s integrity is at risk.

1. Can You Change an Executor After Death?

Yes, but not unilaterally. In Canada, executors (also known as estate trustees) can be removed or replaced by:

• The courts, upon application
• A co-executor, if allowed by the will or under special circumstances
• A resigning executor, with proper court approval

The power to will change executor lies with the court, not beneficiaries. However, if you can prove that the executor is unfit, unwilling, or acting against the estate’s best interests, the court may grant your request.

2. Common Grounds for Executor Removal

Under Canadian wills estate law, the court may remove an executor if there is:

• Misconduct or dishonesty
• Incapacity or illness
• Neglect of duties or unreasonable delay
• Conflict of interest affecting estate decisions
• Failure to provide proper accounting or follow the will

You don’t need to prove criminal behavior—serious incompetence, bias, or obstruction may be enough.

3. The Legal Process to Replace an Executor

To initiate a will change executor application:

• Gather evidence of wrongdoing or unfitness
• Retain an estate litigation lawyer to draft court materials
• File an application to the Ontario Superior Court (or appropriate court in your province)

Propose a suitable replacement, such as a neutral professional, alternate named in the will, or willing beneficiary. If no alternate executor is named, the court may appoint someone under the Rules of Civil Procedure or Trustee Act.

4. What If the Executor Resigns?

If the executor voluntarily steps down:

• They must apply to pass their accounts
• The court must approve the resignation
• A new estate trustee must be appointed by court order

Resignation without proper legal steps can cause confusion and delay in administering the estate.

Key Takeaway

Under Canadian wills estate law, changing an executor is possible—but it’s a formal legal process, not a casual request. If you believe the estate is at risk, act quickly and consult a lawyer who can guide you through the proper channels. Executors must serve the estate, not control it. When they fail, the law gives you tools to act.

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