Question: Estate Trustee vs Executor vs Trustee
Im a NCA candidate from India and although english is not my first language the way we have similar words in our legal system appear to be a bit different from how they are used in Canada. I know its in the material so apologies of this post is coming off as lazy but would GREATLY appreciate if someone can just simply explain each in like plain terms. Thank you
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Well two of those are one concept and the other one is actually separate. I still suggest you rely on the 2026 materials as I wrote the exam last June but here is how I explain it.
Estate trustee is the current Ontario term for whoever administers an estate. Executor is actually the older word for that person where a will named them, and administrator was the older word where no will did. Some time ago, Ontario folded all of it into estate trustee, with or without a will, which is why an old textbook reads like a different subject.
A trustee of a trust is a separate role. That person holds and manages trust property on the terms of the trust. An estate trustee may also end up trustee of a trust the will created, but the two roles are distinct and the duties come from different places.
The court document was renamed too. What people still call letters probate is a certificate of appointment of estate trustee.
so a question that says executor, I read as estate trustee
For the substance, yes. I would still write the current term in anything you have to draft.
other pair to keep apart is testamentary and inter vivos trust. one comes into existence on death under the will, the other is set up while the settlor is alive. It matters as the tax treatment differs, which is usually why a question cares which one it is
Omg I said this in other thread but estates was literraly where I accepted im just not gonna get hald the vocab, should have taken it in law school but I feel you. But one thing my study group did is they made a terminology page at the front of that tab and it got much easier. I can't dm here you but if you want a copy just reply with an email and ill send it!
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