What Can a Beneficiary Do if the Executor Won't Give Information in Ontario?
If an estate trustee will not share information, a beneficiary's main tool is the court. No Ontario law requires an estate trustee to pass accounts at fixed intervals, and the trustee need not do so unless the court compels it at the request of a person with an interest, such as a beneficiary or creditor.
A person with a financial interest in an estate can also move under rule 74.15 for an order that a named person accept or refuse appointment as estate trustee, and a person who fails to respond within the stated time is deemed to have renounced. On a passing of accounts, the judge may make a full inquiry into the whole estate and look into complaints of misconduct, neglect or default. The Superior Court of Justice may also remove a personal representative and appoint someone else.
What you are entitled to see before going to court, and which step suits your situation, depends on the facts and is worth confirming with a lawyer. Start by writing down what you have asked for and when, since a record of your requests helps if the matter reaches a judge.
Key takeaways
- An estate trustee need not pass accounts unless the court compels it at the request of a person with an interest, such as a beneficiary.
- A person with a financial interest can move under rule 74.15 for an order that a named person accept or refuse appointment.
- On a passing of accounts, a judge may make a full inquiry and look into complaints of misconduct, neglect or default.
- The Superior Court of Justice may remove a personal representative and appoint someone else.