How and when must an executor notify beneficiaries in Ontario?
Ontario law does not specify a rigid timeline for notifying beneficiaries after a death, but an executor is expected to take reasonable steps to identify and inform all beneficiaries named in the will within a reasonable time. Unreasonable delay in notification can be seen as a breach of the executor's fiduciary duty.
Practically, the executor should notify beneficiaries shortly after the funeral and once the will has been located and reviewed. Beneficiaries are entitled to know that a will exists, that they are named in it, and approximately what they may receive. They do not have a right to a copy of the entire will simply by being mentioned as a witness or contingent beneficiary, but residuary beneficiaries and specific legatees generally are entitled to review the will.
Beneficiaries should also be kept informed about the progress of the estate — particularly if there will be a long delay. Regular, good-faith communication reduces the risk of disputes and court applications for directions. An executor who goes silent for extended periods may face a court order to report on the estate's status.
Key takeaways
- Notify beneficiaries reasonably promptly after death and once the will is confirmed.
- Residuary beneficiaries and specific legatees are entitled to review the will.
- Regular updates reduce the risk of beneficiary complaints and court applications.
- Unexplained silence can itself trigger a court application for an accounting.