One of the most important decisions you'll make when creating your will is choosing your executor. This article explains what an executor is, who you can appoint, the option to name co-executors, compensation rules, and key considerations when making your choice.
What is an Executor?
An executor is the person (or people) you appoint in your will to carry out your final wishes. Their responsibilities include:
Collecting and managing your assets
Paying any debts and taxes
Distributing your estate according to the instructions in your will
In Quebec, this role is referred to as a liquidator, but the responsibilities are the same. We use the more common term, “executor”, consistently throughout our content.
Your will created with Willful includes a carry on business clause. This allows your executor to:
Temporarily manage your business operations
Hire help to assist with business-related tasks
Make decisions until permanent arrangements are in place
Willful does not support creating dual wills to separate business and personal assets. If you own a business and need to outline specific arrangements, consult a lawyer. Business owners should also review shareholder agreements for clauses that apply upon the death of a shareholder.
Who can be an Executor?
Your executor must:
Be the age of majority in your province
Be mentally capable of managing your estate
You can name:
Family members or friends (common choices include spouses, adult children, or siblings)
Professionals such as a lawyer or accountant (fees may apply)
A trust company (for complex estates or when no personal choice is available; fees may apply)
Your executor can also be a beneficiary of your will - this is common and legally allowed in all provinces.
You can assign a child as your executor. However, if the child is a minor at the time of your passing, they cannot act in this role. In most provinces, minors cannot apply for a grant of probate, which is essential for estate administration. It’s wise to appoint someone who can fulfill the role immediately. With Willful, you can update your will to add or remove executors at any time, free of charge.
You can assign an out-of-province executor, but each province has rules that may require this individual to post an estate bond (also known as a probate or fiduciary bond). This bond protects beneficiaries and the estate from improper administration. Your will can request that your executor serve without bond, but the waiver is not guaranteed and is at the judge's discretion. Willful does not currently support adding a bond waiver clause. Please consult a lawyer if this is important to you.
If you name an out-of-country executor, be aware that your estate becomes resident in the country where the executor lives. This can lead to significant tax consequences and affect estate settlement rules. Executor duties often span 18–24 months and may require a physical presence. Consider the practical and tax implications carefully. A tax specialist can help you understand the impact.
Willful does not support appointing a corporate executor (such as a bank or trust company). Corporate executors often require custom clauses related to their compensation and powers. Because Willful uses templated documents, these clauses aren't included. If you wish to name a corporate executor, consult a lawyer to ensure your will is drafted correctly.
If you have an attorney for property and/or personal care, they can be the same person as your executor.
Can I Name More than One Executor?
Yes, you can appoint co-executors to share the responsibility. This might make sense if:
You want to divide the workload
You want to involve children equally
You’re balancing personal and professional support
If you name multiple executors, they must collaborate and agree on all estate-related decisions and activities.
In your Willful account, you can name two co-executors, and you can also appoint multiple backup executors. Read more in our tutorial on how to appoint or change an executor or co-executors.
Note: You cannot assign different executors for different assets. All executors share responsibility for the entire estate.
You can also name an alternate executor, who will step in if your first choice cannot or does not want to act.
Do Executors Get Paid?
Yes. Executors are legally entitled to reasonable compensation for their time and effort. This may be:
A fixed percentage of the estate (varies by province)
An hourly rate
Waived, if the executor chooses not to accept it (common among family members)
You do not need to specify compensation in your will, as provincial rules guide how much an executor can claim. If you want to set a specific amount or include additional details, it’s best to speak with a lawyer.
In Quebec: If compensation is not mentioned in the will, it is determined by the heirs. If they cannot agree, the court will decide on a fair amount.
Special Considerations when Choosing an Executor
When deciding who to appoint, consider the following:
Trustworthiness: They’ll have legal access to your finances and sensitive information.
Organization skills: Managing an estate involves paperwork, deadlines, and coordination.
Location: A local executor may simplify tasks like securing property and handling logistics.
Willingness: Always ask the person in advance. They should understand and accept the responsibility.
Health and age: Choose someone likely to outlive you and remain capable when needed.
If you don’t name an executor or your chosen executor can’t serve, the court will appoint someone to act as an administrator of your estate. This is a very important decision in your estate plan, therefore it is mandatory for you to name an executor in your will when using Willful. On Willful's platform, you can only name one person to be both your trustee and executor, but you can name two people to act as co executor/trustees. We do not support naming a trustee different from your executor.
Willful does not support adding guidance beyond what is included in the will. However, you can create a separate "Letter of Instruction to the Executor/Liquidator" for additional guidance. This letter is not legally binding but can be helpful.