All About Estates
By Mohena Singh
July 3rd, 2026
Choosing the Right Estate Trustee: When Poor Administration Comes at a Cost
A recent Ontario Superior Court decision, in Flowers v. Flowers, serves as a reminder that one of the most important decisions in any estate plan is the selection of an estate trustee. While many testators instinctively appoint a trusted child or family member, the role carries significant legal responsibilities. When those responsibilities are ignored, the consequences can be serious, not only for the beneficiaries but also for the estate trustee personally.
Choosing the right estate trustee —at the planning stage— can be one of the most important decisions a testator makes.
Estate administration often unfolds over years, not months. Memories fade, documents become harder to locate, and beneficiaries may eventually demand answers. Good record-keeping from the outset can prevent years of litigation and protect a trustee from allegations of misconduct.
In this case, the deceased appointed her daughter as the estate trustee. At first glance, the appointment seemed uncontroversial. All four of the deceased’s children were equal beneficiaries of the estate and no one objected to the daughter’s appointment… Nearly twenty years later, however, the estate remained unadministered, major questions persisted regarding estate assets, and a sibling was forced to commence proceedings to compel the estate trustee to account for her administration of the estate.
