What Happens When Someone Dies with Debts?

What Happens When Someone Dies with Debts?

By:

Mann Lawyers

Posted May 14, 2024

This is often a question that arises when someone dies with debts and the estate trustees  are at a loss as to what to do with such debt.

It is important that the estate trustees are aware of the debts to meet the demands of the creditors out of the estate of the deceased. The estate trustees should also be aware that the bequests are paid after the debts are satisfied.

Debts can take many forms- taxes, secured debts (mortgages, lines of credit) and unsecured debts such as credit cards.

Then there might be another fourth type such as fair and reasonable compensation that one can demand from the estate of a deceased for services rendered. The claimant who looks to be compensated from the estate must look to equity and unjust enrichment in order to be financially compensated from an estate.

The estate trustees, firstly, should determine the type of debt and then examine if there are assets (money) to satisfy those debts. As an estate trustee if you are satisfying the debts of an estate, you need to pay the debt in full and you cannot pay one creditor and not the other. Therefore, it’s important to examine if the estate has sufficient assets to satisfy the debts or if assets can be converted into cash in order to do so.

What if an estate trustee finds that there is no money to pay debts?

An estate trustee must be extremely careful in this situation. If you find that the estate is bankrupt- i.e. there is no money to satisfy the debts – tread very carefully. Do not pay any non-tax creditors before paying taxes; otherwise, you are personally liable for the payment of those taxes. Do not pay one creditor as opposed to another.

If the estate is bankrupt,

  • do not take any steps to administer the estate or hold out that you are the estate trustee;
  • if you have been appointed the estate trustee by a Will, renounce the right to be appointed the estate trustee;
  • assign the estate into bankruptcy.

When an estate is assigned into bankruptcy, the trustee in bankruptcy will administer the estate and pay off debts as much as possible. It would also mean that there might not be anything left for the beneficiaries.

Therefore, if you have been named as an estate trustee, be careful of the debts of the estate and seek professional help before you take on the role.

This blog post was written by Nuwanthi Dias, a member of the Wills and Estates and Estate Litigation teams.   She can be reached at 613-369-0385 or at [email protected].

More Resources

Blog |
Commercial Litigation
By: 

Posted March 18, 2026

Rectification is a long-standing recognized equitable remedy that the Court may grant as a means of correcting errors in the recording of terms in written[...]
Blog |
Family Law
By: 

Posted March 9, 2026

While it is common knowledge that there are tax consequences in relation to spousal support in Canada, i.e. taxable to the recipient and tax deductible[...]
Blog |
Wills, Trusts and Estates
By: 

Posted March 6, 2026

Introduction: Lessons from a Recent BC Incident In January 2026, a routine landscaping project in Kamloops, British Columbia, became a cautionary tale for property owners[...]
Blog |
Business Law
By: 

Posted February 17, 2026

Franchises are an attractive business model in Canada, and with good reason: franchisees can start their own business with the added comfort of working within[...]
Blog |
Business Law
By: 

Posted February 10, 2026

Entering into a franchise relationship is a major business decision for both franchisors and franchisees, carrying long-term implications for everyone involved. Each party brings its[...]
Blog |
Wills, Trusts and Estates
By: 

Posted February 2, 2026

Cottages often carry decades of memories—but they also carry big estate planning risks, especially as property values skyrocket. A recent Ontario decision, Haddock v. Haddock,[...]