CanadaCan I be appointed as executor of an estate if the will names me?
Yes, if the will names you as executor, you can generally be appointed — unless you're disqualified (e.g., a minor, incapable, or non-resident without a resident co-executor in some provinces).
What the Law Says
Being named in a will is the starting point — but appointment as executor requires court approval (probate) and meeting legal eligibility requirements under provincial estate law. While the federal Trust and Loan Companies Act permits corporate executors, individual eligibility is governed by provincial legislation (e.g., Ontario’s Succession Law Reform Act or BC’s Wills, Estates and Succession Act), not federal statute.
The federal Trust and Loan Companies Act does not govern who *individuals* can be appointed as executors — it only authorizes trust companies to act in that role. Individual eligibility depends on provincial law, which typically requires the person to be at least 18 years old, mentally capable, and not disqualified by court order or criminal conviction involving dishonesty.
Some provinces impose residency requirements: for example, in Ontario, a non-resident executor must appoint an Ontario resident as agent or serve with a resident co-executor. In contrast, British Columbia allows non-resident executors without restriction.
Statutory TextA trust company may act as executor, administrator, trustee, or guardian and perform all functions ancillary thereto.
— Trust and Loan Companies Act, s. 57 — Corporate powers — trust company
What to Do
Confirm you meet your province’s eligibility requirements (age, capacity, residency).
File for probate (or 'grant of administration with will annexed') in the appropriate provincial court.
Submit the original will, death certificate, and completed court forms (e.g., Form 74.2 in Ontario).
Provide consent to act and, if required, post security (bond) — especially if you’re a non-resident or minor beneficiary is involved.
Once granted, you’ll receive official documentation (e.g., Certificate of Appointment of Estate Trustee) confirming your authority.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.