What Happens When You Choose the Wrong Ontario Executor?

You don’t want to choose an executor like Terrible Tony.

Tony was his Uncle George’s executor. Tony arranged his uncle’s funeral and lavish reception. He bought a burial plot with an expensive headstone. This was despite everyone’s protests.

Uncle George’s sister, Alice, said, “My brother wanted to be cremated in a simple service”.

“Too bad.” Tony said. “He never told me that. I am the executor and I alone make decisions. I don’t like cremation. I don’t have to check anything with you.”

Tony held George’s wake at his golf club. Tony’s golf buddies toasted George with single malts at the estate’s expense. The food and bar tab was over $3,000.

Alice and other relatives did not bother to attend. Could they have done something about Tony’s behaviour?

Courts Reluctantly Remove Executors

Only judges can get rid of rotten executors. Does your family have legal grounds to do that? Can your family afford to pay lawyers?

How could anyone prove that Terrible Tony was:

  • stealing George’s money
  • wasting estate dollars
  • mistreating beneficiaries (whom Tony disliked)
  • investing estate money imprudently
  • putting George’s estate in danger

Such allegations are difficult to prove. Judges can’t remove executors without proof of serious misconduct or harm.

Tony did not get removed as executor. He also did not tell anyone what he did next.

What Happened to George’s Money?

Tony invested $300,000 from George’s estate in his company’s new invention — the perfect putter.

Tony’s company went broke. Tony then told George’s family there was nothing left to fight over. Tony never distributed George’s estate.

Too bad!

Tony’s behaviour is regrettable but not uncommon. Some executors are reckless, abuse their positions and throw away your money.

What Rotten Executors Do

Bad executors rob your estate, destroy your family and cause costly legal battles.

Don’t assume family members make the best executors. You must put more thought into how to choose executors.

What if, like Tony, your executor becomes hostile or spends your money like water? Find out more about the pros and cons of family members acting as executors.

Your Family Can’t Afford Costly Mistakes

You need to understand

  • bad executors can damage your family and estate
  • how hard it is to get rid of a bad apple
  • why you need to review your executor choices regularly

Are you stuck trying to find the right Ontario executor?

Check out the five categories of possible executor choices that I list in my blog: “Who is the Right person to protect your money?”

Now check out who you named in your will as your Ontario executor. Will your executor be able to find your will when it’s needed?

Do you need a consultation about your executor choices?

Contact me now.

Want free info about what an Ontario executor’s duties are? Download my free report “Suddenly You’re An Ontario Executor: Start Your Estate Journey Here.”

About Edward Olkovich

Ontario executors facing estate challenges call Ed Olkovich. Ed is a Toronto estate lawyer and Certified Specialist in Estates and Trusts Law.

Ed is also an author and edits Carswell’s legal guide Compensation and Duties of Estate Trustees, Guardians and Attorneys. He has resolved estate disputes and probate problems since 1978.