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What is the difference between an executor and a trustee?

In Ontario they are the same office — the statutory term is estate trustee. Elsewhere 'executor' names the person appointed in a will, and 'trustee' the person who holds property under a tru

Draft — pending review. This page has been prepared but has not yet been reviewed by a Canadian estates lawyer or a qualified scholar. Treat it as a starting point for questions, not as advice you should act on.

In Ontario they are the same office — the statutory term is estate trustee. Elsewhere 'executor' names the person appointed in a will, and 'trustee' the person who holds property under a trust.

The Canadian position

Ontario replaced 'executor' and 'administrator' with 'estate trustee with a will' and 'estate trustee without a will'. Other provinces retain the older terms.

One person often holds both roles: winding up the estate as executor, then holding a child's share as trustee until they come of age.

The Islamic position

Classical law has the wasi, who settles the estate, and separately a wali who manages a minor's property. Canadian drafting should name both explicitly.

Across the madhahib

The four Sunni schools are not recorded as differing materially on this point in the sources reviewed. Where your own case turns on it, put it to a scholar of your school.

Before you act on this

General information, not legal or religious advice. Inheritance depends entirely on the exact family circumstances. Confirm the Canadian position with a lawyer in your province and any religious ruling with a qualified scholar.

Citations & sources

Every factual claim on this page traces to one of the references below. Legislation and dollar thresholds change — verify against the primary source before relying on any figure.

Islamic primary sources
  1. Sahih al-Bukhari, Book 55: Wills and Testaments (Wasaya) — Sunnah.com
  2. Sahih Muslim, Book of Wills — Sunnah.com
Scholarly & institutional references
  1. Research Papers — Cambridge Muslim College
  2. Research — Cambridge Muslim College
  3. Academics — Islamic law and theology curriculum — Zaytuna College
  4. Encyclopaedia of Islam — Brill
Canadian legislation & government
  1. Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario
  2. Administering estates — Government of Ontario
  3. Apply for probate of an estate — Government of Ontario
  4. Estate Administration Tax — Government of Ontario
  5. Estates Act, RSO 1990, c E.21 — Government of Ontario
Canadian legal commentary
  1. Executor estate with minor and adult beneficiaries — Treadstone Law
  2. Selling estate property executor duty best price ontario — Treadstone Law
  3. Objecting to passing of accounts ontario — Treadstone Law
  4. How to choose an executor ontario — Treadstone Law
  5. Accessing deceased digital assets ontario executor guide — Treadstone Law
  6. When is passing of accounts required ontario — Treadstone Law
  7. Wills & estates practice — Treadstone Law