An executor must administer the estate with diligence, respond to reasonable inquiries from beneficiaries, and take the Court process seriously. Where those duties are not met, the Court has shown that it is prepared to order costs personally...
Beneficiary Rights Curated Content

What Happens When An Executor ‘Ghosts’ The Estate?

Hull & Hull LLP
By Osama Saleemi
July 24th, 2026

When the Executor Ghosts the Estate: Lessard v. Culic et al., 2026 ONSC 1814

When a testator appoints an executor in a Will, the expectation is diligent administration and a timely probate process. When an executor instead stalls administration for nearly two years and treats the resulting motion as an afterthought, the estate is placed at risk and beneficiaries are left in a difficult position.

The Court’s decision in the case of Lessard v. Culic et al. is a cautionary tale for anyone considering accepting appointment as an estate trustee, whether a professional or a family member.

An executor must administer the estate with diligence, respond to reasonable inquiries from beneficiaries, and take the Court process seriously.

Where those duties are not met, the Court has shown that it is prepared to order costs personally and on a substantial indemnity basis, rather than allowing the estate, and by extension the beneficiaries, to bear the burden.

In Lessard v. Culic, the Ontario Superior Court of Justice delivered a pointed lesson on fiduciary accountability and personal cost exposure that applies to any executor.