Can a Sole Beneficiary Be an Executor of a Will in Canada?

Written by Ron Cooke, President & Founder of Strategic Wealth Protection Partners in Ontario

Can the Sole Beneficiary Be the Executor?

In Canada, can the sole beneficiary be an executor of a will as well? Yes, a beneficiary can also be an executor of a will in Canada.

This is both legal and quite common. In many cases, people choose a spouse or child to act as both executor and beneficiary. While this is allowed across all provinces and territories, the executor still has a legal duty to act in the best interest of the estate, follow the terms of the will, and meet all provincial probate and tax obligations.

Key Takeaways:

• A deceased person’s estate must be managed according to the terms of the will and Ontario law.
• The estate settlement process includes probate, debt payment, and distribution of assets.
• One of the first steps is identifying and securing the deceased’s assets.
• The executor must ensure all the beneficiaries are treated fairly and receive their entitlements.
• It’s legal and common for someone to be both the executor and a beneficiary.
• A person may serve as both an executor and the only inheritor in a simple estate.
• Executor fees may be payable, particularly in large or complex estates.
• Key executor responsibilities include filing taxes, paying debts, and distributing property.
• An appointed executor must act in good faith and in the best interest of the estate.
• Executors must fulfill their legal duties under Ontario’s estate laws.
• Managing the deceased’s estate often involves financial, legal, and administrative tasks.
• The probate process may be required to legally validate the will and authorize the executor.

Understanding the Executor’s Role in an Estate

An executor is the person named in a will who is legally responsible for carrying out the final wishes of the deceased. 

Their role includes managing the deceased’s assets, paying off debts, filing taxes, and distributing the estate to beneficiaries. It’s a position that requires trust, organization, and often a great deal of patience. Executors are expected to act in the best interest of the estate and follow Ontario’s legal procedures, including applying for probate when needed.

At its heart, this is a role of honour and responsibility — ensuring someone’s legacy is respectfully fulfilled.

📖 Related Read: Tips on Creating Wills for Blended Families in Canada

What Is the Role of a Sole Executor?

A sole executor takes on the entire responsibility of administering the estate without sharing the duties with others. 

This means they must make decisions independently, keep detailed records, and ensure transparency for all beneficiaries. While this can reduce delays or disagreements from multiple voices, it can also be an emotionally and administratively heavy burden. 

In Ontario, the sole executor must still follow the same legal steps — including submitting court documents and handling probate, if applicable. It’s crucial they remain impartial and organized throughout the process.

Who Can Be Appointed as Executor?

In Ontario, any adult who is mentally capable and not bankrupt can be named executor. 

It’s common to appoint a spouse, adult child, trusted friend, or even a professional like a lawyer or accountant. The court must be satisfied that the person is willing and able to carry out the duties — it’s not just a ceremonial title.

If no executor is named or willing to act, the court can appoint someone else, typically a close family member or the Public Guardian and Trustee. The most important quality is trustworthiness and a strong sense of duty.

When Can a Sole Beneficiary Not Act as Executor in Canada?

A sole beneficiary can usually act as executor, and in fact, this is quite common. 

However, if they are under the age of majority, mentally incapable, or bankrupt, they cannot serve in this role. In such cases, the court will appoint someone else to handle the estate.

There are also rare cases where the court may find a conflict of interest so significant that an alternative executor is appointed. The key is whether they can act in the estate’s best interest, even if they’re set to inherit everything.

What Happens When an Executor Is Also a Beneficiary?

It’s entirely legal and common for someone to be both executor and beneficiary. 

This means they are both managing the estate and also receiving part of it — a dual role that can be efficient but also sensitive. They must separate their personal interest from their duties as executor and be transparent with other beneficiaries.

The Ontario courts expect fairness and clear recordkeeping in such cases. Being both does not give them more control over the will’s instructions — they must still follow it precisely.

Benefits of Being Both Executor and Beneficiary

• Cost savings: Combining roles may reduce legal and administrative fees.
• Deeper understanding: They often know the deceased’s wishes and assets well.
• Efficiency: Decisions can be made faster without the need for multiple parties.
• Motivation: They’re personally invested in seeing things done correctly.

This setup can create a smoother estate administration if the person is diligent, organized, and fair.

Potential Drawbacks and Conflicts of Interest

When an executor is also a beneficiary, tensions may arise. 

Other beneficiaries might question decisions, suspect bias, or feel left out of the process. If the executor isn’t careful to communicate and keep thorough records, distrust and even legal challenges can occur.

Emotional strain is another common issue — grieving while managing finances is not easy. In estates with complex assets or sibling dynamics, this dual role can feel like walking a tightrope.

What Happens If Other Beneficiaries Disagree with the Executor?

Disputes are not uncommon, especially in blended families or when there’s confusion about the will. 

Beneficiaries can request a court to review the executor’s conduct or even ask for their removal. In Ontario, executors must provide an estate accounting, and the court can order mediation or litigation to resolve serious disputes.

Communication and transparency are the best ways to avoid misunderstandings before they become formal challenges.

When Might It Be Better to Appoint a Professional Executor?

A professional executor — such as a lawyer, accountant, or trust company — is often a wise choice in complex or high-value estates. 

They are neutral, experienced, and immune to family emotions or disputes. This can prevent legal issues and ease the burden on loved ones during a difficult time.

Consider this path when there’s conflict in the family, no suitable family member, or multiple types of assets and debts. Professional executors charge a fee, but for some families, the peace of mind is worth it.

Managing Estate Assets and Liabilities

Managing an estate means accounting for everything: bank accounts, investments, property, personal belongings, and debts. 

The executor must locate and value each asset, ensure debts and taxes are paid, and only then distribute the remaining funds to beneficiaries. Careful records and sometimes professional appraisals are required.

If this sounds overwhelming, know that you can seek help — executors can hire professionals to assist without giving up control. The key is protecting the estate’s value and staying organized throughout.

When to Seek Professional Advice as an Executor

Professional advice should be sought if:

• You’re unsure how to file final estate tax returns.
• You’re dealing with complex assets or a contentious family situation.
• The will is unclear or legally ambiguous.

Lawyers, accountants, and licensed financial planners can guide you through these responsibilities. The cost of good advice is often far less than the cost of a mistake or dispute.

📖 Related Read: How to Avoid Estate Tax in Canada

How Long Does Estate Administration Usually Take?

Estate administration in Ontario typically takes 6 months to 2 years. 

Simpler estates may close in under a year, while larger or contested estates can take longer. Delays happen due to probate, tax issues, locating heirs, or selling real estate.

Executors must take care not to distribute too early — everything must be finalized first. Having a solid plan and keeping beneficiaries informed can help keep the process smooth.

Common Questions

What is the meaning of sole executor?

A sole executor is the only person appointed in a will to manage the estate after someone passes away. They are fully responsible for handling probate, settling debts, and distributing assets.

What are the two types of executors?

The two main types are sole executors and co-executors. A sole executor acts alone, while co-executors share the responsibility and must act jointly.

What is a sole beneficiary of a will?

A sole beneficiary is the only person named to inherit all of the assets in an estate. They receive everything outlined in the will once all debts and taxes are paid.

What is the difference between an estate trustee and an executor in Ontario?

In Ontario, “estate trustee” is the legal term used in court documents, while “executor” is the more traditional term used in wills. Both refer to the same role and carry the same responsibilities.

How long can an executor hold funds before distributing them to a beneficiary?

An executor is generally expected to distribute the estate within 12 months, known as the “executor’s year.” Delays beyond this must be justifiable, such as waiting for probate or final tax clearance.

Can you have a single executor?

Yes, a will can name a single executor to handle the entire estate. This is common in Ontario and often simplifies the estate administration process.

Final Thoughts

Handling a deceased person’s estate can be a significant responsibility, especially if you’re both an executor and a beneficiary.

While this arrangement is common and legally permitted across Canada, it comes with important legal duties that must be taken seriously. The appointed executor is responsible for managing the estate settlement process, which includes identifying and securing the deceased’s assets, settling outstanding debts, and ensuring that all the beneficiaries receive their rightful share.

Understanding executor responsibilities, the probate process, and how to properly manage the deceased’s estate can help prevent delays and conflicts. It’s also essential to keep accurate records and be aware of potential executor fees that may be payable for the work involved.

Whether you’re named as both an executor or acting alongside others, staying informed and seeking professional guidance when needed will help ensure the estate is handled respectfully and efficiently.

A Will Isn’t Enough to Protect Your Family’s Inheritance

Writing a will is a crucial step, but it’s just the beginning.

A will only states who gets what, but it doesn’t help you minimize estate taxes, avoid probate fees, or prevent legal delays.

In Ontario, probate fees (Estate Administration Tax) and capital gains taxes on properties can take a significant portion of your estate. If you own multiple properties, the financial burden could be even greater, forcing your loved ones to sell assets just to cover unexpected costs.

Without proper estate planning, your family could receive far less than you intended. The good news? There are strategies to protect your wealth—but they must be set up before it’s too late.

Keep Your Wealth in the Family with Proper Planning

A well-structured estate plan does more than just pass on your assets—it ensures your wealth stays in the family.

By using tools like trusts, life insurance, and gifting strategies, you can:

✅ Reduce or eliminate probate fees
✅ Minimize capital gains taxes on real estate
✅ Prevent legal disputes and family conflicts

Without these safeguards, your loved ones may face delays, unnecessary legal battles, and financial strain. A strong estate plan gives you peace of mind, knowing that your family will be cared for and your legacy will be protected exactly as you intended.

Schedule a Living Estate Plan Consultation

Planning your legacy is about more than numbers—it’s about ensuring your family remembers you and your values are honoured for many years to come.

Estate planning and trusts can feel overwhelming, especially if it’s your first time. That’s why we’re here.

With our simple, 5-Step Living Estate Plan, we make the process easy, helping you create a comprehensive estate plan or trust that protects your assets from taxes and probate fees while preserving your legacy. Tools like The Final Word Journal capture your story, wishes, and essential details like accounts and end-of-life plans, ensuring your family has clarity and comfort.

Take the first step today—schedule a consultation call and give your family the ultimate gift: peace of mind and the assurance they were always your priority.

Read More

If you’re writing a will, you may find these articles helpful:

• Can I Write My Own Will in Ontario?
• What Are the Types of Wills in Ontario?
• Making a Will in Ontario: Checklist and Key Steps

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About the Author

RON COOKE, PRESIDENT & FOUNDER OF STRATEGIC WEALTH PROTECTION PARTNERS

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