What Will You Actually Be Judged On? The Executor Standard Most People Have Never Heard Of
A friend of mine once described agreeing to be someone’s executor the way most people do: “They asked. I said yes. It seemed like the right thing to do.”
That’s the whole conversation for most named executors. Someone they loved asked them to take on the role, and they said yes out of loyalty, trust, or simple affection. What they didn’t know, and what almost no one tells them, is that the moment they accept, they step into a legal framework that holds them to a specific standard of conduct. One they’ve probably never heard of. One they can be personally liable for failing to meet.
This isn’t meant to scare anyone. But if you’ve been named as an executor, or you’re thinking about saying yes, the single most important question you can ask yourself is this: what will I actually be judged on?
The Standard Has a Name
In Canadian law, executors are held to the standard of a reasonably skilled person acting in a fiduciary capacity. That phrase carries a lot of weight.
“Reasonably skilled” doesn’t mean you need a law degree or an accounting designation. But it does mean you’re expected to make sound, informed decisions, seek professional help when the situation calls for it, and not act carelessly just because you’re volunteering your time.
“Fiduciary capacity” is the bigger piece. A fiduciary is someone who is legally required to put the interests of others ahead of their own. As an executor, you’re not managing the estate on your own behalf. You’re managing it on behalf of the beneficiaries. Your personal opinions about who deserves what, your own financial interests, and your relationships with certain family members cannot factor into your decisions.
Together, these two ideas form what’s sometimes called the executor standard. It isn’t a checklist someone hands you at the funeral. It’s a legal expectation that runs across everything you do from the moment you begin administering the estate.
What the Standard Actually Covers
Courts and legal commentators generally look at a few key areas when evaluating whether an executor has met their obligations.
Prudent decision-making. An executor is expected to act the way a reasonable, careful person would. That means not rushing, not delaying unnecessarily, and not making decisions based on what’s easiest or most convenient. If you’re unsure about something, the standard expects you to find out.
Impartiality toward beneficiaries. This one trips people up. If your best friend named you executor and their estranged sibling is a beneficiary, you can’t let your personal feelings influence how you handle distributions. Every beneficiary is entitled to fair treatment, regardless of your history with them or your relationship with the deceased.
Record-keeping. You need to be able to account for every dollar that moves through the estate. What came in, what went out, when, and why. Courts can ask you to pass your accounts, meaning you present a formal accounting of everything you did and every expense you approved. If you can’t justify a charge, the court can disallow it. If the disallowed amounts are significant, you can be ordered to repay them personally.
Timely action. Estates don’t run on their own timelines. There are tax deadlines, probate requirements, property decisions, and beneficiary rights involved. Letting things slide because the process is overwhelming or because family members are in conflict doesn’t protect you. It creates liability.
Duty not to profit. Unless the will specifically authorizes it, an executor isn’t supposed to personally benefit from their position beyond the executor’s compensation that’s standard in their province or territory. Self-dealing, favoring your own interests, or taking advantage of estate assets is a serious breach.
When the Standard Isn’t Met
Earlier this year, a BC Supreme Court decision called Gowans Estate (Re), 2026 BCSC 17 landed in Canadian legal media. It’s worth paying attention to because it illustrates how the standard plays out in real life.
When the Accounting Didn’t Hold Up: Gowans Estate, BC 2026
The executor claimed reimbursement for several categories of expenses from the estate, including 14 months of cable service, medical oxygen supplies, and dog food and care costs including a live-in caregiver for the deceased’s dogs, alongside a 5% executor’s fee totalling over $49,000. When the matter came before the court, the associate judge disallowed over $39,000 in claimed expenses, finding they weren’t properly justified estate costs. The executor was then ordered to bear his own legal costs for the process of preparing and passing the accounts. A significant personal financial consequence for someone who likely believed he was doing his job.
The case doesn’t imply wrongdoing in the traditional sense. But it shows that claiming expenses you can’t properly justify, and failing to maintain the kind of documentation and judgment the standard requires, can cost you personally.
This isn’t an isolated situation. As estates become more complex, as family structures get more complicated, and as beneficiaries become more aware of their rights, executor conduct is under more scrutiny than it’s ever been.
If you’ve been named as an executor and you’re trying to understand what you’ve actually agreed to, two tools can help. Before You Say Yes™ is for people who’ve been asked to take on the role and want to think through what they’re agreeing to before they commit. The Executor’s Standard™ is a scenario-based self-assessment that follows a fictional executor named Sandra through nine realistic moments in an estate administration. At each one, you choose how you’d respond, and see what each choice puts at risk. You finish with a personalized conduct profile and a printable reference card. Neither tool replaces legal advice, but they give you a foundation, and that’s a solid place to start.
Most Named Executors Don’t Know Any of This
Here’s what makes this hard. The person who named you as their executor trusted you completely. They probably didn’t sit you down and walk you through what the role actually involves. They probably didn’t know either. You may have agreed years ago, before you had any idea what estate administration entails.
That’s not a character flaw. It’s just the reality of how these conversations happen.
The problem is that not knowing doesn’t protect you. The standard applies whether you understood it going in or not. Knowing what you’ll be judged on before something goes wrong is always better than figuring it out after.
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Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.
