What can beneficiaries do if they think the executor is mismanaging an estate in Ontario?

Beneficiaries in Ontario have several options if they believe an executor is mismanaging the estate. The first step is usually to request a written accounting of the estate — what assets existed, what has been received, what has been paid out, and what remains. An executor who refuses to provide reasonable information can be compelled by the court.

If the concern is more serious — for example, alleged fraud, self-dealing, unreasonable delay, or wilful breach of the executor's duties — a beneficiary can apply to the Ontario Superior Court of Justice for an order to pass accounts (a formal court-supervised accounting), for damages against the executor, or for the executor's removal and replacement.

Courts are generally reluctant to remove an executor unless the misconduct is serious, but they will act where there is evidence of dishonesty, a fundamental conflict of interest, or conduct that is demonstrably harmful to the estate. Beneficiaries considering a court application should consult an estate litigation lawyer to assess the strength of the claim and the most appropriate remedy.