Summary
An estate trustee, still often called an executor, can be removed and replaced by the Superior Court of Justice under s. 37 of the Trustee Act. In the Rules of Civil Procedure, an "estate trustee" means an executor, an administrator, or an administrator with the will annexed (r. 74.01). The Trustee Act uses the same offices under the name "personal representative" (s. 1).
The application may be brought by an executor or administrator who wants to be relieved of the office, by one who complains of a co-executor's or co-administrator's conduct, or by any person interested in the estate of the deceased (s. 37(3)). The Rules include "the removal or replacement of one or more executors, administrators or trustees" as relief that may proceed by application (r. 14.05(3)(c)).
Removal is not the same as requiring the estate trustee to account. A person who appears to have a financial interest in the estate may move for an order requiring an estate trustee to pass accounts (r. 74.15(1)(h)). On a passing of accounts, the judge may inquire into the estate and may order payment to it where misconduct, neglect or default caused a financial loss (Estates Act, s. 49(2), (3)).
Francis Mehr LLP specializes in estate litigation for clients in Ottawa and across Ontario.
Who can apply
Section 37(3) of the Trustee Act names three applicants. The order may be made on the application of any executor or administrator who wants to be relieved from the duties of the office; any executor or administrator who complains of the conduct of a co-executor or co-administrator; or any person interested in the estate of the deceased. The Act does not add a further list of who counts as a "person interested in the estate."
If the issue is whether the will itself is valid, see challenging a will in Ontario. If someone was left without adequate provision, a dependant may be able to claim support from the estate. Claims against an estate can also have their own time limits; see the two-year limit on claims against an estate.
What the court can order
Section 37(1) says the court "may remove a personal representative upon any ground upon which the court may remove any other trustee, and may appoint some other proper person or persons to act in the place of the executor or administrator so removed." Section 37 does not itself list those grounds. It does set out what follows from an order.
A person appointed under s. 37 must, unless the court orders otherwise, give the security that would be required if letters of administration were granted to that person under the Estates Act (s. 37(2)). If the person removed is not a sole executor or administrator, the court need not appoint anyone in their place unless it sees fit. If no appointment is made, the rights and estate of the person removed pass to the remaining executor or administrator as if the person removed had died (s. 37(4)).
Separately, s. 5(1) lets the court appoint a new trustee or trustees, in substitution for or in addition to any existing trustee, or even if there is no existing trustee. A certified copy of an order of removal must be filed with the Estate Registrar for Ontario and with the local registrar of the Superior Court of Justice, who note the date and effect of the order where the grant is entered in their registers (s. 37(6)).
How the application is started
A proceeding under s. 37 may be brought by notice of application (r. 14.05(1)(a)). Rule 14.05(2) allows an application to the Superior Court of Justice, or to a judge of that court, if a statute so authorizes. Rule 14.05(3)(c) allows an application where the relief claimed is the removal or replacement of one or more executors, administrators or trustees, or the fixing of their compensation. Where a co-executor remains in office, s. 37(4) applies: a new appointment is not always required.
A related step: requiring an accounting
Removing an estate trustee and requiring a passing of accounts are different remedies. One does not replace the other.
A person who appears to have a financial interest in an estate may move for an order requiring an estate trustee to pass accounts (r. 74.15(1)(h)). A trustee who wants to pass accounts may file them in the office of the Superior Court of Justice (Trustee Act, s. 23(1)). An executor who is also a trustee under the will may be required to account for that trusteeship in the same manner as for the executorship (Estates Act, s. 48).
Except for an inventory, an executor or administrator shall not be required to render an account of the deceased's property unless the request is made at the instance, or on behalf, of some person interested in that property or of a creditor of the deceased (s. 50(1)). On a passing of accounts, the judge may make a full inquiry and accounting of the whole property and its administration (s. 49(2)). On proof of a complaint of misconduct, neglect or default that occasioned financial loss, the judge may order payment to the estate of such sum, by way of damages or otherwise, as the judge considers proper and just, subject to appeal (s. 49(3)).
Practical takeaways
The Superior Court of Justice can remove an executor or estate trustee and appoint a replacement (Trustee Act, s. 37(1)).
Standing is in s. 37(3): an executor or administrator who wants to be relieved of the office, a co-representative who complains of conduct, or any person interested in the estate.
A replacement usually has to give security, unless the court orders otherwise (s. 37(2)).
If another executor or administrator remains, a replacement is not always required (s. 37(4)).
A passing of accounts is a related, separate step (r. 74.15(1)(h); Estates Act, ss. 49(2), (3) and 50(1)).
Frequently asked questions
Can an Ontario court remove an estate trustee or executor?
Yes. Section 37(1) of the Trustee Act lets the Superior Court of Justice remove a personal representative upon any ground upon which the court may remove any other trustee, and appoint some other proper person in the place of the executor or administrator so removed.
Who can apply to have an estate trustee removed?
The application may be made by an executor or administrator who wants to be relieved of the office, by one who complains of a co-executor's or co-administrator's conduct, or by any person interested in the estate of the deceased (Trustee Act, s. 37(3)).
Does the court have to appoint someone in that person's place?
Not always. If the person removed is not a sole executor or administrator, the court need not appoint a replacement unless it sees fit; the rights and estate of the person removed pass to the remaining executor or administrator as if that person had died (s. 37(4)).
What security does a replacement estate trustee have to give?
Unless the court orders otherwise, the person appointed must give the security that would be required if letters of administration were granted to that person under the Estates Act (s. 37(2)).
Is passing of accounts different from removing the estate trustee?
Yes. Removal and a passing of accounts are different forms of relief. A person who appears to have a financial interest in an estate may move for an order requiring an estate trustee to pass accounts (r. 74.15(1)(h)) without seeking a removal order.
Talk to us
Questions about an estate trustee's conduct, or about stepping away from the office? Francis Mehr LLP specializes in estate litigation for clients in Ottawa and across Ontario. For help administering an estate, see our estate administration page. Book a consultation with the lawyers at Francis Mehr LLP: (613) 226-1011 (Mon–Fri, 9 AM–5 PM) or https://francislawyers.ca/contact/
General information, not legal advice. This content is about Ontario law as of November 2026. It does not create a lawyer-client relationship. Laws change and every situation is different. Speak with a lawyer about your specific circumstances. Written by the lawyers of Francis Mehr LLP, Ottawa.