In Ontario, being named an executor (legally called an Estate Trustee) is not a requirement — you can say no. But if you want to decline, you must do it properly and at the right time.
Formally giving up the role is called Renunciation. It is a personal choice, but the paperwork is part of a court process governed by Ontario’s Rules of Civil Procedure.
Below is a simple guide to the required form, what “intermeddling” means, and when you need a notary.
1. The Key Distinction: Renouncing vs. Resigning
Before signing anything, you must determine whether you are allowed to renounce.
Renunciation
- You can renounce only if you have not yet acted as Estate Trustee.
- You are basically saying: “I never took on the job.”
Resignation
- If you have already done anything that appears to be acting as the Estate Trustee, such as paying funeral deposits, speaking with a bank about estate accounts, or securing property, you may have intermeddled.
- Once you intermeddle, the law treats you as having accepted the role.
- In that case, you cannot renounce. You must apply to the Superior Court of Justice to resign, which is more complicated, more expensive, and often requires a formal review of the estate’s finances (“passing accounts”).
Important:
If you have done anything beyond reading the Will or helping with funeral arrangements, talk to an estate lawyer before trying to renounce.
2. The Required Form: Form 74G
To decline the role, Ontario uses Form 74G: Renunciation and Consent.
- Older references to “Form 74.11” are outdated.
- Form 74G tells the court that you are the person named in the Will (or entitled to apply) and that you are giving up that right.
3. Do You Need a Notary? (Not technically—but usually yes)
Form 74G requires a witness, but it does not contain the usual wording that legally requires a Notary or Commissioner for Taking Affidavits.
So, in theory, any capable adult can witness your signature.
However, in practice, most lawyers want you to sign in front of a Notary or lawyer.
Why a Notary Is the Preferred Option
- Identity Check: A Notary verifies your ID to help prevent fraud, such as someone forging your renunciation.
- Voluntary Signing: A Notary confirms that you are signing voluntarily, not under pressure.
- Court Acceptance: If the court doubts a signature, it may delay or reject the probate application. A notarized signature avoids this problem.
When a Notary is required
If you are asked to sign an Affidavit of Execution (e.g., Form 74.8), that document must be signed before a Notary or Commissioner.
4. Step-by-Step: How to Renounce an Estate Trusteeship
If you want to give up the role, this is the usual process:
- Avoid dealing with estate assets. Do not pay bills, collect mail, use the deceased’s car, or contact financial institutions.
- Receive Form 74G. Usually, the lawyer for the person taking over will prepare it.
- Go to a notary or a lawyer. Bring the form unsigned.
- Sign in front of them. They sign as the witness and may add a stamp or seal.
- Return the original form to the person applying to become Estate Trustee. You do not file it with the court yourself.
Quick Reference (Ontario)
| Everyday Term | Ontario Legal Term |
|---|---|
| Executor | Estate Trustee |
| Probate | Certificate of Appointment of Estate Trustee |
| Renunciation Form | Form 74G |
| Resignation | Requires a court order |
Conclusion
In Ontario, signing Form 74G is how you formally step aside as Estate Trustee. While you only need a witness, using a Notary Public is strongly recommended. It helps prevent delays, ensures the court accepts the form, and protects you from disputes or claims later.
Need a Notary?
If you are ready to sign your Renunciation Form (Form 74G), NotaryServe makes the process quick and compliant. Book your appointment today to finalize your application with confidence.
📍 Website: www.notaryserve.ca
📞 Phone: 613-558-5363
📧 Email: contact@notaryserve.ca
🗓️ Book Online: www.notaryserve.ca/contact
⚠️ Disclaimer
The information provided in this post is for general informational purposes only and does not constitute legal advice. While NotaryServe® strives to keep information accurate and up to date, requirements for renouncing executorship may change. Readers should confirm current procedures with the appropriate government authorities or seek professional legal guidance before taking action.
