Home  ›  Ilm Hub  ›  Answers  ›  Can I remove an executor who is not doing th
Ilm Hub

Can I remove an executor who is not doing their job?

Yes, by court application — but courts are reluctant to override a testator's choice without real evidence of failure or conflict.

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Yes, by court application — but courts are reluctant to override a testator's choice without real evidence of failure or conflict.

The Canadian position

Grounds include failure to act, misconduct, conflict of interest and incapacity. A passing of accounts is often the first step, since it forces disclosure.

The Islamic position

The wasi holds the estate as an amanah. Persistent failure to discharge it is a breach, and replacement is appropriate.

Researched — the schools differ

All four schools want the same qualities in a wasi — adulthood and legal capacity, Islam, integrity and the ability to do the job. They differ on what failing one of them does. Three schools treat them as conditions of validity, so an appointment that fails one is void. The Hanafi school treats the appointment as valid and puts the remedy in the judge’s hands.

All four Sunni schools researched and sourced. Reviewed 2026-08-19. Full positions, evidence and sources — Who may be appointed wasi (executor and guardian).

What to do about it

  1. Request an accounting in writing.
  2. Escalate through a lawyer if ignored.
  3. Apply to compel a passing of accounts.
  4. Seek removal only if the evidence supports it — costs usually come from the estate.
Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government
  1. Administering estates — Government of Ontario
  2. Canadian Legal Information Institute — CanLII
Further reading — Treadstone Law
  1. Executor conflict of interest ontario — Treadstone Law
  2. Costs unsuccessful removal application executor ontario — Treadstone Law
  3. Estate trustee removal grounds court ontario — Treadstone Law
  4. Co executor conflict of interest recusal ontario — Treadstone Law
  5. Wills & estates practice — Treadstone Law