Do Trustees Have to Keep Beneficiaries Informed About a Trust in Ontario?

How much a trustee must tell you depends on the trust document and your interest in it, and a lawyer can confirm what you can ask for. The clearest tool the rules give you is the passing of accounts, where the trustee's dealings with the trust are put before the court. A trustee who wants to pass accounts may file them in the office of the Superior Court of Justice.

To pass accounts, the trustee files the accounts verified by affidavit and a copy of the certificate of appointment. The notice of application and a draft judgment must be served on everyone with a contingent or vested interest, at least 60 days before the hearing in Ontario. The rules for estate trustees also apply, with necessary modifications, to other trustees.

If you are being told nothing, a person who appears to have a financial interest in an estate may bring a motion for an order requiring the estate trustee to pass accounts. A beneficiary who objects to the accounts must file a notice of objection at least 35 days before the hearing. The general limitation period is two years from the day a claim was discovered, so it is wise not to wait too long before getting advice.