Can a Personal Representative Be Forced to Account for the Estate in Alberta?
This answer covers the law of Alberta.
Yes. If a personal representative will not account, a beneficiary or other interested person can apply to the court for an order requiring an accounting at any time. A beneficiary of only a specific gift is limited: that person can get an accounting only for that gift, and cannot apply under that rule once the gift has been received.
Accounting means financial statements of property and money received, property distributed and money paid out, given to the beneficiaries at regular intervals. A beneficiary can also start a formal passing of accounts by filing Forms ACC 6 and ACC 7 and serving notice one month before the hearing. The representative must reply in Form ACC 8 at least 10 days before the hearing and may account, object or consent. The court may also order a professional accounting firm to examine the entries.
If the representative still refuses, the court can order the representative to perform the duty, impose conditions, remove the representative, revoke the grant or make any other order it considers appropriate. Which route fits depends on your position and the facts, so a lawyer can confirm it.
Key takeaways
- An interested person can ask the court for an order requiring a personal representative to account at any time.
- A beneficiary of only a specific gift can get an accounting only for that gift, and cannot apply once the gift has been received.
- A beneficiary can start a formal passing of accounts by filing Forms ACC 6 and ACC 7 and serving notice one month before the hearing.
- If the representative still refuses, the court can order the duty performed, impose conditions, remove the representative or revoke the grant.