When someone passes away, they often leave behind a will—a document that outlines their final wishes for how their estate should be handled. In that will, they name someone they trust to carry out those wishes: their executor.
The executor has an important responsibility. They manage the process of paying off debts, distributing assets, and making sure everything is completed with care.
A common misconception is that an executor can change the will. In reality, they cannot.
In Canada, probate law requires that a will be followed exactly as written. The executor’s role is to carry out the deceased’s instructions—not to edit, modify, or add their own interpretations. Even if they might personally disagree with the contents of the will, they are legally bound to respect it.
Think of the executor as a steward of someone’s final wishes—someone following a carefully laid-out plan, not rewriting it.
What Is an Executor’s Role?
Being named an executor is an important responsibility. If you’ve been chosen for this role—or you're simply curious about what it involves—it's helpful to know that your job is to follow the will exactly as written. It’s not about personal opinions or making changes based on what feels “fair.”
As an executor, you’re there to carry out the wishes of the person who passed away, and to help guide their loved ones through the process.
Here’s a general overview of what an executor’s responsibilities typically include:
- Finding and reviewing the will
Your first step is locating the most up-to-date version of the will. This ensures you’re working from the right document. Understanding how executors are chosen can also help clarify why you were selected for this important role. - Applying for probate (if needed)
Probate is the legal process that confirms the will is valid and gives you the authority to act as executor. Depending on the estate, this step may or may not be required. - Gathering the assets
This means identifying everything the deceased owned—property, bank accounts, investments, and other valuables. - Paying off debts and taxes
Before any distributions can happen, you’ll need to settle any outstanding debts, taxes, and expenses from the estate. - Distributing assets to beneficiaries
Once all obligations are met, you’ll distribute the remaining assets according to the instructions in the will—exactly as they’re laid out. - Keeping beneficiaries informed
Beneficiaries have a right to receive updates about the estate’s progress. Executor disclosure requirements ensure that beneficiaries are kept in the loop and that executors maintain transparency throughout the process. - Closing the estate
Once everything is completed—debts paid, assets distributed, paperwork finalized—you’ll wrap up the estate.
It’s also important to know that, in Canada, executors have what’s called a fiduciary duty. This means you’re legally obligated to act in the best interests of the estate and its beneficiaries, not yourself. Straying from the will’s instructions—or failing to meet your obligations—can lead to serious legal consequences.
Taking on the role of executor can feel overwhelming at times, but with the right information and support, you can help honour someone’s final wishes in the way they intended.
Can an Executor Change the Will?
As mentioned above - no, an executor cannot change the terms of a valid will.
An executor’s role is to carry out the instructions exactly as written—without altering distributions, adding new beneficiaries, or reinterpreting the deceased’s wishes. Their duty is administrative, not editorial.
Why the Law Protects the Will
In Canada, wills are legally binding documents. Once a will passes through probate, it becomes the official roadmap for how a person’s estate must be handled. Every province has its own estate laws, but the expectation remains the same: executors must follow the will exactly as written.
There’s no room for edits, substitutions, or “but they would have wanted me to have it” moments. Even if they believe it's right, changing the terms of a will can lead to serious legal consequences—and in some cases, it could even result in an executor being removed from their role.
When Interpretation Is Needed
Sometimes, a will may contain wording that’s unclear or refer to assets that no longer exist. In those cases, the executor’s job isn’t to guess or make personal decisions. Instead, they’re expected to seek legal guidance—whether that means consulting a lawyer or asking the court for direction.
It’s important to remember that this isn’t about changing the will—it’s about interpreting it correctly to make sure the deceased’s wishes are carried out as intended.
Even When It Feels Unfair
It’s a question that comes up all the time in estate planning forums: can the executor make changes if the will feels unfair?
The answer is always the same. Executors are not allowed to re-balance inheritances, adjust who gets what, or make creative edits—no matter how unfair the will might seem. Their role is to follow the will to the letter, even when emotions run high.
What Happens If the Executor Acts Outside Their Authority?
An executor’s role is one of trust—and with that trust comes responsibility. If an executor ignores the instructions in the will or acts in their own self-interest, the consequences aren’t just moral; they’re legal.
An executor who oversteps their authority can be removed from their role, held financially responsible for any losses they cause, or even face legal action brought by beneficiaries. Executors have a fiduciary duty to act in the best interest of the estate and its heirs, and Canadian courts take breaches of this duty very seriously.
It’s a situation that comes up often, especially when the executor is also a beneficiary. People often wonder, as discussed online here, whether an executor can adjust their own inheritance. The answer is simple: while an executor can decline or disclaim all or part of their inheritance, they cannot increase their share, reassign gifts, or redistribute the estate. Any attempt to do so is a clear conflict of interest—and it can lead to serious legal consequences.
Beneficiaries Aren’t Powerless
If you’re a beneficiary and you believe something isn’t right, there are steps you can take:
- Ask for a full accounting: Executors are required to keep detailed records, and you have the right to review them.
- Raise concerns with the probate court: If an executor isn’t fulfilling their obligations, the court can step in to investigate.
- Seek legal advice: In serious cases, you can apply to have the executor removed and replaced.
Executors must follow the law carefully to protect the estate and the wishes of the person who trusted them.
Executor Actions: What’s Allowed vs. What’s Not
At every step, executors are expected to follow the will faithfully and act in the best interests of the estate. If they stray from their duties, they can be held accountable.
Misunderstandings About Executor Authority
Many estate disputes in Canada start with one simple problem: misunderstandings about what an executor can—and cannot—do.
Sometimes, an executor steps into the role believing they have more discretion than the law actually allows. Common misconceptions include:
- “I’ll give this asset to someone else instead.”
- “These amounts don’t seem fair—I’ll adjust them.”
- “I disagree with part of the will, so I’ll just leave it out.”
Even with the best of intentions, executors are not allowed to rewrite or ignore the terms of a valid will. It’s worth repeating: a will isn’t a set of suggestions—it’s a legally binding document, and executors are required to follow it exactly as written.
If you’re also managing a trust as part of an estate, it’s important to understand how trustees and executors differ—each role comes with its own responsibilities and legal obligations.
Resolving Executor Disputes
Thankfully, not every executor issue has to become a court battle. If you’re a beneficiary and something doesn’t seem right, there are constructive steps you can take:
- Start with a conversation: Often, misunderstandings can be cleared up with open and respectful dialogue.
- Request a formal accounting: Executors are required to maintain clear records of estate assets and expenses, and beneficiaries have the right to review them.
- Seek legal advice: A quick consultation with an estate lawyer can clarify your rights and options.
- Ask the probate court for help: If concerns aren’t addressed, the court has the authority to investigate and, if necessary, remove an executor.
At the end of the day, early communication and a little legal guidance can prevent most issues from escalating—and help ensure the estate is settled fairly and smoothly.
How to Prevent Executor Misconduct
The best way to avoid future estate disputes is by planning ahead—starting with the right executor and a clear, updated will.
- Choose Someone You Trust
Your executor will carry a lot of responsibility, so it’s important to choose someone who is:
- Responsible and organized
- Financially literate
- Comfortable handling paperwork, deadlines, and legal processes
- Above all, trustworthy
It’s also a good idea to name a backup executor in case your first choice isn’t able to serve when the time comes. In some cases, people even consider appointing a professional executor to help reduce the risk of conflicts. Remember: if your circumstances change, you can always update or replace your executor later.
- Draft a Clear, Detailed Will
Vague instructions can create confusion—and make the executor’s job much harder. Be as specific as possible about:
- Who receives which assets
- When and how assets should be distributed
- Any special instructions or conditions you want followed
You can also include a memorandum or letter of instruction to provide additional context or explanations for your choices.
- Update Your Will Regularly
Life changes, and your will should keep up.
Make a habit of reviewing and updating your will after major milestones like marriage, divorce, the birth of a child, a move, or significant changes to your finances. Keeping your documents current ensures your wishes are always clear—and helps your executor carry them out with confidence.
Your Willful will includes unlimited free updates. Get started today.
What to Do If You Disagree with the Executor
If you’re a beneficiary and you’re worried that an executor isn’t following the will—or they aren’t keeping you properly informed—you don’t have to stay silent.
You have options to protect your interests and the wishes of your loved one.
- Start with a conversation
Sometimes concerns stem from simple miscommunication. Reach out to the executor and ask for a clear update before assuming the worst. - Request an estate accounting
Executors are legally required to track the estate’s assets and expenses. As a beneficiary, you’re entitled to ask for a formal accounting to understand how the estate is being managed. - Keep detailed records
Save emails, take notes from phone calls, and keep track of anything that feels concerning. Good documentation can be very helpful if you need to escalate your concerns later. - Seek legal advice
A consultation with an estate lawyer can clarify your rights and help you understand the best next steps based on your specific situation. - Consider mediation
Before taking things to court, it may be worth exploring mediation. A neutral third party can often help resolve issues without the stress and expense of formal legal proceedings. - Apply to probate court if necessary
If all else fails, you can apply to the probate court to intervene. The court can compel the executor to act, review their conduct, or even remove them if necessary.
Recap: Protecting Your Wishes
An executor plays a critical role in managing your estate—but it’s important to remember: they don’t have free rein.
They can’t tweak the will, change who gets what, or make judgment calls outside the law.
Their duty is to follow the testator’s instructions exactly as they were written. Nothing more, nothing less.
To protect your loved ones and ensure your wishes are carried out, here’s what you can do today:
- Choose an executor you genuinely trust –someone responsible, organized, and committed to honouring your instructions.
- Create a clear and detailed will – be specific about who should receive what, and outline any special wishes or conditions.
- Update your will regularly as your life evolves – after major milestones like marriage, divorce, the birth of a child, or changes to your assets.
With Willful, you can create a legally-valid will in minutes—no confusing paperwork, no legal jargon. Just simple, straightforward peace of mind for you and your loved ones.
Planning ahead is one of the greatest gifts you can leave behind.
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Frequently Asked Questions
What happens if a beneficiary disagrees with the executor?
If a beneficiary disagrees with how the executor is managing the estate, they can request a full accounting, seek legal advice, or apply to the court for help. Executors have a legal duty to act fairly and in the estate’s best interest. If they fail to do so, they can be removed or held legally responsible.
How powerful is the executor of a will?
While executors manage the estate, their authority is limited. They can pay debts, file taxes, and distribute assets—but only according to the will’s instructions. They can’t change beneficiaries, rewrite the will, or make personal judgment calls. Executors must follow probate law closely and act within the legal limits of their role.
Can the executor of a will take everything in Canada?
No, an executor cannot change the will to benefit themselves. They must follow the will exactly and distribute assets as outlined. If they overstep, they could face legal action or removal. It’s common to be both a beneficiary and an executor, but it comes with extra responsibility to act fairly.
Can a beneficiary override an administrator?
A beneficiary can’t override an executor just because they disagree with a decision. But if there’s evidence of mismanagement, fraud, or a breach of duty, they can take the matter to court. If the court finds serious issues, it can overturn decisions or even remove and replace the executor.
