Can a beneficiary demand to see the estate accounts in Ontario?
Asking the estate trustee for information is a reasonable first step, since the trustee holds the property for the people entitled. Estate property vests in the estate trustee, who holds it as trustee for the people entitled, subject to the deceased's debts. What you are entitled to see and how to request it depends on your situation, so it is worth confirming with a lawyer.
If informal requests fail, how the court may be involved depends on your situation. An estate trustee can apply to the Superior Court of Justice for the court's opinion, advice or direction without starting an action. When a judge passes a personal representative's or trustee's final accounts and finds money belonging to a minor, a mentally incapable person or a person whose address is unknown, that money must be paid into court. Where a beneficiary is under 18, the Office of the Children's Lawyer must be served when the estate trustee applies for a certificate of appointment.
Trustees are not left without protection: the court may relieve a trustee of personal liability if they acted honestly and reasonably and ought fairly to be excused. Start by writing to the trustee, keep copies, and consider speaking to a lawyer.
Key takeaways
- Estate property vests in the estate trustee, who holds it as trustee for the people entitled.
- An estate trustee can ask the Superior Court of Justice for opinion, advice or direction without starting an action.
- When a judge passes final accounts and finds money belonging to a minor or a person whose address is unknown, it must be paid into court.
- The court may relieve a trustee of personal liability if they acted honestly and reasonably and ought fairly to be excused.