What can beneficiaries do if they think an executor is mishandling an estate in Ontario?

If beneficiaries believe an executor is mishandling an estate in Ontario, they have several legal options. The first step is usually to request a formal accounting — a detailed statement of all estate assets, income, expenses, and distributions. Executors have a legal duty to provide accounts, and beneficiaries can apply to the Ontario Superior Court to compel a "passing of accounts" if the executor refuses.

If the accounting reveals problems — misappropriated funds, unexplained losses, improper expenses, or undisclosed conflicts of interest — beneficiaries can challenge the accounts at the passing. The court can disallow improper charges, require repayment, and in serious cases surcharge the executor personally for losses caused by their misconduct.

In cases of serious breach of duty, beneficiaries can also apply to have the executor removed and replaced. Grounds for removal include fraud, serious negligence, persistent conflict with beneficiaries, or conduct that endangers the estate. The court can appoint a replacement executor, or appoint a "Passing of Estate" administrator.

Beneficiaries should document their concerns carefully — keep records of communications with the executor, note delays, and write down any suspicious transactions they become aware of. Getting legal advice early is important because some remedies are time-sensitive and because litigation is expensive and should be a last resort after informal resolution attempts.