What Can a Beneficiary Do If an Executor Is Delaying Distribution in Alberta?

This answer covers the law of Alberta.

An executor can take some time, but must act honestly and in good faith and distribute the estate "as soon as practicable". Whether a delay is reasonable depends on the estate, so it is worth asking what is still outstanding before taking formal steps. Generally, the personal representative must not distribute until 6 months after the grant, unless all family members consent or the Court authorizes it, though reasonable advances for beneficiary family members' maintenance are allowed.

That wait protects dependants, whose maintenance and support applications may be made only within 6 months after a grant. A representative who distributes early is personally liable for support that should have come out of the amount distributed. Tax can also slow things down, since a representative who distributes without a clearance certificate can be held personally liable for outstanding tax.

If a representative fails to give a required notice or perform a duty, the Court may order compliance, impose conditions, remove the representative or revoke the grant. You may apply for an order requiring accounts, though a beneficiary of only a specific gift can seek one only for it, or ask for a formal passing of accounts. A lawyer can help you decide which step suits your situation.