Everyone dies eventually – that’s the circle of life. When your loved one dies, there are so many things to consider from how life will be like without them to funeral preparations. From my experience, one thing that many people wonder about is what was on the will, and who it is going to, but they fail to think about who is the trustee. In fact, many people don’t even know what a trustee is or what they do. So let’s clarify that and make it make sense.
In Ontario, a will primarily covers instructions for how to deal with someone’s estate (or their accumulation of wealth over a life) once they are gone. The will covers how to deal with funerals, as well as who is responsible for finding and distributing the wealth of the deceased. The person (or people) appointed with this responsibility are known as trustees (or executors), and the process of dealing with the estate is called estate administration, or probate.
Being appointed to deal with probate may seem like an honour, and to some extent it is; I mean hey, the deceased trusted you with their entire livelihood without their supervision. But in reality, being a trustee can be a nightmare. You need to find all the assets they owned: houses, bank accounts, investments and physical items among other things.
In theory, best practice would be for the deceased to leave a list of their assets and where to find them with the will, but let’s be real, nobody is doing that. Oftentimes, the trustee is forced to run around like a headless chicken finding things on their own. And depending on the deceased, finding things could be a lot harder than making a simple phone call.
I’ve made it sound like a nightmare to be appointed as a trustee, but it only gets worse… If you are one of many trustees, things can get complicated. If you divide the work, all of you need to communicate to make sure you don’t miss any assets or deadlines. And working with others can be tough, especially if the deceased has left things up to your discretion and/or made it clear that all of you must unanimously agree on decisions together.
All of this headache… Unpaid…
So what happens if you don’t want to deal with this? Typically, when writing a will, there are multiple alternatives for who the person wants as a trustee. You can renounce your appointment as a trustee, and this requires a simple form to fill out and file with the court.
Being a trustee requires organization, patience, and a strong communication skills. While the role may seem daunting, the courts do offer some flexibility. If the burden becomes too much or if you're not in a position to handle the task, you always have the option to step aside. Probate and estate administration might seem overwhelming at times, but with the right resources and understanding of your responsibilities, you can successfully navigate this process. Just remember—you're not alone in this, and help is always available if you need it.
Contact Legal Leo with any of your estate administration questions, and we can help you navigate this process with ease.
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