1. Decide if you want the job
Question and answer
I’ve been named an estate trustee in a will. What do I have to do?Estate trustees have a duty to handle the prudently. This means that you must act carefully and wisely.
It usually takes at least one or 2 years to administer a simple estate. It can take longer if the situation is complex because, for example:
- the estate includes property in Ontario and another country
- more than one person claims a right to the same property
- the estate seems to have more than there are 's support claims made against the estate
- there's a court case to see if the will is valid
Personal liability
Estate trustees have personal liability. This means that if you make a mistake dealing with the estate or were not responsible, you can be sued by a beneficiary or creditor.
You might be able to get estate trustee insurance. This can protect you if you make an honest mistake or get sued. An estate lawyer can help you with this.
Get paid
You can be paid by the estate for being an . The will might say how much you're paid. If it does not, you can charge fees that are fair and reasonable. This amount depends on what the estate is worth, and how much work you have to do, and how well you handled the estate. In general, you can be paid:
- about 5% of the estate's value, and
- sometimes, an additional care and management fee of 2/5 of 1% of the average annual value of the assets you manage.
You do not want to be estate trustee
You can say no if someone asks you to be their estate trustee.
You can also say no later.
You can decide you do not want to do it after:
- you agree to be estate trustee
- the person died
- you find out they named you in their will
But if you decide not to be estate trustee, you must say no before you start doing anything to manage the estate.
Once you start taking steps to manage the estate as estate trustee, you may need permission from a judge to stop being one.
If you do not want to be estate trustee, you can tell the , and give them your signed Form 74G saying you renounce or give up your right.