Estate Planning, Executors and Consumer Protection: A Call for Reform in Ontario

The Consumer Protection Act has been a vital framework for safeguarding Ontarians in their daily transactions. However, with an estimated $1 trillion in intergenerational wealth set to transfer this decade, it’s evident that the Act must adapt to meet the evolving needs of estate planning, executor responsibilities, and consumer protection.

At SeniorCareAccess.com, we are advocating for critical reforms that simplify estate management and bolster protections for families during life’s most challenging transitions. Our recent submission to the Ontario government’s Consumer Protection Act consultation underscores the urgency of modernizing policies to address these pressing issues.

Why Estate Reform is Urgent

Ontario’s aging population—led by baby boomers, who represent nearly 25% of Canadians—is placing unprecedented strain on healthcare systems, pension plans, and legal frameworks. Yet estate management remains fragmented and outdated:

• Lack of a central death notification system: Families must individually inform government agencies and financial institutions, leading to delays, fraud risks, and emotional stress.

• Executor challenges: Many executors lack training or understanding of their fiduciary duties, often resulting in mismanagement or legal disputes.

• Low awareness of Powers of Attorney (PoA) and wills: Many Ontarians don’t realize the importance of these tools until it’s too late, leaving families to navigate complex court systems unnecessarily.

Without reform, these gaps could result in financial losses, prolonged estate settlements, and increased family conflicts.

Key Challenges in Estate Management

1. Centralized Death Notification System
   Currently, there is no streamlined process for notifying relevant parties after someone’s death. This opens doors to identity theft and fraud while creating unnecessary administrative burdens for families. A centralized registry would ensure timely communication with financial institutions and government agencies.

2. Executor Training and Accountability
   Executors often lack formal training on their fiduciary responsibilities, leading to errors or abuse—whether intentional or due to ignorance. Low-cost training programs like the Personal Fiduciary Certificate could equip executors with essential knowledge while reducing legal disputes.

To address unresponsive executors, beneficiaries could submit a simple form through the Superior Court of Justice after 18 months of inactivity. This process would prompt communication before escalating to costly legal action.

3. Promoting Powers of Attorney (PoA) and Wills
   A properly executed PoA and will protect not only the wishes of individuals but also provide clarity for healthcare providers, financial institutions, and loved ones. Integrating educational materials into government services—such as health card renewals or tax filings—could normalize conversations about estate planning across all demographics.

4. Preventing Identity Theft After Death
   Fraud targeting deceased individuals is a growing concern. By requiring credit agencies like Equifax and TransUnion to alert Canadians when their information is accessed posthumously, the government can add a vital layer of protection against unauthorized account access.

Proposed Solutions: A National Portal for Estate Management

Families need a centralized platform offering guidance on PoAs, wills, probate processes, and executor responsibilities. Partnering with eldercare organizations and leveraging volunteer expertise could create a cost-effective portal that connects Ontarians with trusted resources at critical moments.

Shared Benefits Across Generations

Estate planning reform isn’t just a senior issue—it’s a societal one affecting every generation. From young adults named as executors to caregivers balancing multiple roles, proactive policies can reduce court burdens, empower families financially, and foster resilience.

At SeniorCareAccess.com, we believe that coordinated action across sectors can transform end-of-life planning into an empowering process that honors legacies while protecting consumers.

Freedom Through Planning

End-of-life planning isn’t about fear—it’s about freedom: freedom to make informed choices, ease your family’s burden, and ensure your legacy is protected. With thoughtful reforms like those outlined above, Ontario can lead the way in compassionate consumer protection that meets the realities of aging.

For trusted resources related to estate planning and executor responsibilities, visit SeniorCareAccess.com today!

The proposed letter was submitted to Mr. Sean Gardiner
Manager, Consumer Policy Unit
Ministry of Public and Business Service Delivery and Procurement on March 6, 2025     Read the letter here

The collective members of the submission included:
 Barb Amsden – Author of How to Laugh at Death and Taxes: What Executors, Willmakers, Heirs and
Beneficiaries Need to Know
 Greg Barnsdale, CEA – Author of Do Not Ignore Your Mortality: Practical Advice from a Funeral &
Financial Insider
 Michael Brooke – Founder of The Legacy Collective/Legacy Expo
 Paul Cutajar – Co-Founder of Senior Care Access
 Pat Dunwoody – Experienced Financial Services Executive
 David Edey, CEA – Author of Executor Help: How to Settle an Estate, Pick an Executor, and Avoid Family
Fights
 Elizabeth Naumovski – Creator/Host of Empowered and Financial Literacy Expert
 Claudine Lukawesky – CEO, Stay at Home Parent
 Mark O’Farrell – CEO, The Canadian Institute of Certified Executor Advisors