What can a beneficiary do if an estate trustee sells property for less than it's worth in Ontario?
An estate trustee has a fiduciary duty to administer the estate carefully and in the beneficiaries' interests, which generally includes taking reasonable steps to get fair value for estate property, such as listing it properly and considering appraisals rather than accepting the first low offer that comes along. A beneficiary who believes a property was sold well below its actual value has options, starting with asking the trustee directly for an explanation and the records supporting how the sale was handled, since trustees are required to account for their administration of the estate.
If the explanation doesn't hold up, a beneficiary can push for a formal passing of accounts, where the trustee's conduct is reviewed by the court, and can allege a breach of fiduciary duty if the trustee failed to take reasonable steps to obtain proper value. Depending on what the court finds, remedies can include the trustee being held personally responsible for the shortfall, removal as trustee, or other court-ordered relief, though undoing an already-completed sale to an innocent third-party buyer is generally much harder than seeking compensation from the trustee. Because these claims turn heavily on the specific facts and evidence, a beneficiary with real concerns should get legal advice promptly rather than waiting.
Key takeaways
- Estate trustees have a fiduciary duty to take reasonable steps to obtain fair value on a sale.
- Beneficiaries can request an accounting and, if needed, seek a formal passing of accounts.
- A trustee found to have breached this duty can face personal liability or removal.
- Undoing a completed sale to an innocent buyer is generally harder than recovering compensation from the trustee.