Can a beneficiary ask an executor for information about the estate in Ontario?
Yes, you can ask, and if the executor will not answer, a person with a financial interest has court options. Ontario has no statutory requirement for estate trustees to pass accounts at fixed intervals, and they may choose not to unless the court compels them. Apart from an inventory, an executor need not account to a court unless asked by or on behalf of a person interested in the property or a creditor of the deceased.
Any person who appears to have a financial interest in an estate may move for an order requiring the estate trustee to pass accounts. They may also move for an order requiring a statement of the nature and value of the estate's assets at the date of death, and then for further particulars. On a passing, the judge can inquire into any complaint by a person interested, including misconduct or neglect causing loss. If you object to the accounts, you must serve and file a notice of objection at least 35 days before the hearing date.
Whether an executor must give you a copy of the will or other documents informally depends on the facts, and a lawyer can confirm. A polite written request, kept on file, is a sensible first step.
Key takeaways
- Ontario has no statutory requirement for estate trustees to pass accounts at fixed intervals, but the court can compel it.
- A person who appears to have a financial interest may move for an order requiring the estate trustee to pass accounts.
- You can also seek a statement of the nature and value of the assets at the date of death, and then further particulars.
- A beneficiary who objects to accounts must serve and file a notice of objection at least 35 days before the hearing date.