Do beneficiaries have a right to see the will and estate records in Ontario?
Beneficiaries have real tools to get information from an executor, though what you can demand depends on your interest. You can move for an order requiring the estate trustee to file a statement of the nature and value of the estate's assets at the date of death, and then for further particulars. Any person who appears to have a financial interest can also move for an order requiring the executor to pass accounts.
Executors must keep accurate records of the assets and transactions. Accounts filed with the court must include, on a first passing, a statement of assets at the date of death, all money received and disbursed (including the trustee's compensation), investment transactions, all liabilities, and a statement of the compensation claimed. 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.
Whether you can see the will and other documents depends on your situation, so a lawyer can confirm what to ask for. If accounts are passed, an objecting beneficiary must serve and file a notice of objection (Form 74.45) at least 35 days before the hearing.
Key takeaways
- A person with a financial interest may move for a statement of the nature and value of the estate's assets at the date of death, and then for further particulars.
- Any person who appears to have a financial interest may move for an order requiring the estate trustee to pass accounts.
- Estate trustees must keep accurate records of the assets and transactions in the estate.
- Accounts filed with the court must include money received and disbursed, liabilities, and the compensation claimed.