After a death, someone in the family usually “takes charge” — talks to the bank, deals with the lender, collects benefits, maybe even starts preparing the house for sale. If that person has no Certificate of Appointment, and especially if the will itself is under challenge, the law has an old and unforgiving name for what they are doing: they are becoming an executor de son tort — literally, an “executor of their own wrong.” It is one of the most common and most dangerous mistakes I see in contested estates.
What counts as intermeddling
The threshold is remarkably low — Ontario courts have said even slight acts of administration can qualify. Verified examples from the case law and commentary include: taking possession of or dealing with estate assets; contacting banks or lenders about estate funds; collecting debts or benefits owed to the deceased; paying estate debts; moving the deceased’s property; holding yourself out to anyone as the estate trustee; and — as a straightforward application of “dealing with assets” — taking steps to list or sell estate real property. In Dueck v. Chaplin (2015), even routine steps like consolidating assets and assisting with estate administration tax were enough. The test is fact-specific, but the pattern is clear: if you are administering rather than preserving, you are intermeddling.
What you are allowed to do: preserve, don’t administer
The common law carves out “acts of humanity and necessity.” You may arrange and pay for the funeral. You may lock, secure and insure the home, safeguard valuables in place, care for pets, and make inquiries to build an inventory. Keep receipts for every dollar and a diary of every step. What you may not safely do without authority: access or transfer bank funds, pay non-funeral debts, collect money owed to the deceased, tell institutions you are the executor while your authority is contested, or start selling anything. The line is fuzzy at the edges — Dueck shows courts can treat modest administrative help as crossing it — so when in doubt, preserve and document, nothing more.
Why it matters: all of the liability, none of the rights
The consequences are severe and personal. An executor de son tort assumes fiduciary obligations without any of the rights of the office: personal liability to the rightful estate trustee, the beneficiaries and creditors for everything touched; a full duty to account; liability for losses caused by improper administration; and, on ordinary principle, no entitlement to compensation. Perhaps most striking, the Ontario Court of Appeal confirmed in Chambers Estate v. Chambers (2013) that a person who has intermeddled generally loses the right to renounce the executorship — you cannot stir the pot and then walk away; exiting requires a court order.
No certificate, no authority — especially with an objection on file
A person named as executor in a will technically draws authority from the will itself. But in the real world, banks and the land registry require the Certificate of Appointment — and once a Notice of Objection is filed under Rule 75, the registrar cannot issue a certificate at all until the objection is resolved. That means a person whose appointment is contested, or who is not named in any will, has no confirmed authority to administer anything. Powers of attorney do not fill the gap either: every POA terminates automatically at death. Someone who continues using a POA, or who administers a contested estate as if the fight were already won, is acting entirely at their own personal risk.
Remedies when someone else is intermeddling
If you are watching another person deal with a contested estate’s assets, the toolkit escalates in stages. First, a written cease-intermeddling demand from counsel — inexpensive, fast, and it builds the record if the conduct continues. Second, a Notice of Objection if probate has not issued, which freezes the certificate. Third, preservation orders: injunctions restraining transfers, freezing orders where there is a real risk assets will disappear, or a certificate of pending litigation over real property. Fourth — and often the most practical — a motion to appoint a neutral Estate Trustee During Litigation under s. 28 of the Estates Act, which takes the assets out of everyone’s hands and places them with a court-supervised caretaker. Ignored demands and continued self-dealing become powerful evidence on that motion. Finally, the intermeddler can be compelled to account and sued for any losses.
Frequently asked questions
Can I arrange the funeral without becoming an executor de son tort?
Yes. Funeral arrangements, securing and insuring property, and inquiries into the assets are recognized acts of necessity — not intermeddling.
Is paying a few of the estate’s bills really a problem?
It can be. Ontario courts have treated paying estate debts and moving property as intermeddling. If a bill genuinely must be paid to preserve an asset — insurance, urgent repairs — document why, use your own funds where possible, and claim reimbursement later.
Someone is acting as executor while the will is contested. What can we do?
Send a formal demand to stop, file a Notice of Objection if no certificate has issued, and move for the appointment of a neutral Estate Trustee During Litigation. Courts take a dim view of self-appointed administrators in contested estates.
Does a power of attorney let me manage the estate after death?
No. All powers of attorney end at the moment of death. From that point, authority flows only from the will and, practically, from the Certificate of Appointment.
What if the house genuinely needs active management right now?
That urgency is an argument for a court-appointed caretaker, not for self-help. An ETDL motion can be brought quickly, and the appointing order can authorize exactly the management the property needs — insurance, lender negotiations, even a sale.
The bottom line
The instinct to take charge after a death is natural; in a contested estate it is also a legal trap. Preserve, insure, document — and route every act of actual administration through proper authority, whether that is an uncontested certificate or a court-appointed neutral. The family member who respects that line protects both the estate and themselves; the one who ignores it can end up personally funding the consequences.
Gurpinder Gaheer, BA (Hons), MBA, is a dual-licensed real estate broker and mortgage broker serving families, estate trustees and their advisors across Ontario. His practice includes estate and probate property sales, estate financing solutions, and acting as a neutral professional in contested estate matters. If an estate property needs protecting while a dispute is resolved, you can reach him through gaheer.com/.
This article is general information, not legal advice. Estate matters are highly fact-specific — always consult a qualified Ontario estates lawyer about your own situation.