What can I do if the executor refuses to give me information about the estate in Alberta?
This answer covers the law of Alberta.
You cannot always demand every document on request, but you can require the executor to account for the estate. In Alberta, a personal representative must comply with the Rules regarding accounting, and unless the court orders a different period, must give an accounting every 2 years after the date of death. The court may require an accounting at any time, and a person interested in the estate may apply for one.
Start by asking in writing and trying to resolve it by discussion. If that fails, you or your lawyer may apply to the Court. As a person interested in the estate, such as a residuary beneficiary, you can apply for a formal passing of accounts by filing Forms ACC 6 and ACC 7 and serving the personal representative. The representative then files a reply in Form ACC 8 at least 10 days before the hearing, and may provide an accounting, object or consent.
The Public Trustee does not get involved in private disputes about how an estate is being administered. Which documents you can see depends on the facts, so a lawyer can confirm your position before you apply.
Key takeaways
- As a person interested in the estate, you may apply for a formal passing of accounts by filing Forms ACC 6 and ACC 7 and serving the personal representative.
- Unless the court orders a different period, a personal representative must give an accounting every 2 years after the date of death.
- Try to resolve the problem by discussion first, and if that fails, you or your lawyer may apply to the Court.
- When a representative applies for a formal passing, service is on persons interested who have not given releases, so a beneficiary who has signed a release is not served.