In Ontario, an estate trustee is the only person with the legal authority to manage or distribute an estate. Probate is a procedure to ask the court to either: give a person the authority to act as the estate trustee of an estate. confirm the authority of a person named as the estate trustee in the deceased’s Will and.

What is an estate trustee in Ontario?

In Ontario, an estate trustee is the only person with the legal authority to manage or distribute an estate. Probate is a procedure to ask the court to either: give a person the authority to act as the estate trustee of an estate. confirm the authority of a person named as the estate trustee in the deceased’s Will and.

What is the difference between trustees and executors?

The main difference is that the trustee is the person responsible for making the decisions that maintain the estate whilst it is held on trust before it is given to the beneficiaries, and the executor is the person that carries out (or executes) the actions in the Will eg applying for probate.

How much does an estate trustee get paid in Ontario?

Generally speaking, in Ontario, an estate trustee is entitled to compensation to 2.5% of capital receipts and disbursements, and 2.5% of all revenue receipts and disbursements above the expenses incurred to properly administer the estate. This is often referred to as roughly 5% of the estate’s value.

Can executors and trustees be beneficiaries?

When making a will, people often ask whether an executor can also be a beneficiary. The answer is yes, it’s perfectly normal (and perfectly legal) to name the same person as an executor and a beneficiary in your will.

Is a trustee the same as a beneficiary?

Trustee vs. Beneficiary. A Trustee is a person or persons designated by trust instruments to distribute the estate assets to the trust beneficiaries. A beneficiary is an individual or entity who will receive the trust assets once the Trustee fulfills their fiduciary obligation to the Trustor.

How much does an estate have to be worth to go to probate in Ontario?

If the estate is valued at $150,000 or less, you can apply for probate through the small estate court process. If the estate is valued at over $150,000, you can apply for probate through the regular court process (Application for a Certificate of Appointment of Estate Trustee).

Are executors of a will trustees?

An Executor is the person (or people) who have been named in a will to administer the Estate of the deceased. Sometimes the will also appoint a Trustee, who will be responsible for managing any ongoing Trusts that are specified in the will. Sometimes the same person can be named as both a Trustee and an Executor.

Can a trustee also be a beneficiary?

Yes, the law allows a trustee to be a beneficiary of a trust – as long as you include the trustee’s name and their capacity.

Can an executor be a beneficiary in Ontario?

Can an executor be a beneficiary in Ontario? Yes, it’s legal and normal that an executor is also a beneficiary of a Will. Most people choose a close loved one whom they trust to be the executor of their Will.

Can an executor withhold money from a beneficiary Ontario?

As long as the executor is performing their duties, they are not withholding money from a beneficiary, even if they are not yet ready to distribute the assets.

Are executors always trustees?

Immediately on your death, all your property is automatically placed in trust with your nominated executor or executors being the trustees. However, until your executors obtain a grant of probate from the Probate Registry, they have no official authority to act.

What is the difference between an executor and a trustee?

The executor is responsible for the entire estate of the deceased, while the trustee supervises separate trusts. The executor’s work is done after they distribute the estate to the beneficiaries directly or transfer the property to trustees according to the Will. The trustee’s work gets completed after the trust comes to an end.

Can an executor of a trust also be a beneficiary?

Trustees and executors can also be beneficiaries, which might create potential conflicts if they can’t maintain an impartial interest when there are additional beneficiaries. Learn more about a beneficiary vs trustee.

What is the role of an executor of an estate?

The most fundamental principle of estate law is that executors are trustees: they receive the estate ‘in trust from the deceased, and administer and then distribute it for the benefit of the beneficiaries’.

What is the role of a trustee in an estate plan?

Trustee’s role in estate planning Trusts operate separately from a will, so the person managing the trust — the trustee — has different duties. A trustee must follow the rules set out by the person who created the trust, called the grantor, and their main job is to distribute trust assets to beneficiaries (outside of probate).