What to Do If You Don’t Trust the Executor of a Will

If you're dealing with will executor concerns, you're not alone. Executors hold a powerful legal role—they’re responsible for administering the estate, distributing assets, paying debts, and ensuring the wishes in the will are fulfilled. But when trust is broken, or when you suspect the executor is not acting in the estate’s best interest, it’s time to act. Whether your concerns stem from inaction, secrecy, or suspected misconduct, beneficiaries have legal rights. Here’s what you need to know.

1. Understand the Executor’s Legal Duties

Executors are fiduciaries, meaning they must act:

• Honestly and in good faith
• In the best interest of the estate and all beneficiaries
• With transparency and reasonable diligence

Common will trust issues arise when executors:

• Delay administration without reason
• Fail to communicate or disclose estate information
• Show bias or favouritism
• Mix estate assets with personal funds
• Fail to keep accurate records

2. Start with a Formal Request for Information

Before escalating, try to resolve concerns amicably. Ask for:

• A copy of the will
• A breakdown of estate assets and liabilities
• The current status of administration
• Timeline for distribution

Executors are obligated to provide this information. If they ignore you or provide vague responses, it may signal deeper issues.

3. Seek Legal Advice Early

An estate litigation lawyer can:

• Review the executor’s actions
• Demand proper accounting
• Identify red flags
• Help you formally request financial disclosure through the court if needed

It’s critical to act early—delays can weaken your legal position or allow the executor to mismanage funds unchecked.

4. Apply to Remove the Executor (If Necessary)

Ontario courts can remove an executor if they:

• Breach fiduciary duties
• Cause unnecessary delays
• Act in conflict of interest

Are incapable or unwilling to fulfill their responsibilities. You’ll need strong evidence and a lawyer to support your case.

5. Consider Mediation or Court Supervision

In some cases, the best solution isn’t immediate removal but increased oversight. Courts can:

• Order the executor to pass accounts
• Appoint a neutral party to monitor actions
• Impose deadlines or specific duties

This can bring accountability without sparking prolonged litigation.

Key Takeaway

Will executor concerns are serious and should never be ignored. If the person entrusted with the estate isn’t acting with honesty, transparency, or competence, beneficiaries have the right to question, investigate, and—if needed—take legal action.