How do I find a missing beneficiary of an estate in Ontario?

If you cannot locate a named beneficiary, do not simply distribute their share and move on. A trustee who has given the required notice to creditors is not liable to a claimant they had no notice of, but that protection does not apply to heirs, next of kin, devisees or legatees claiming as such, and advertising for creditors does not protect a trustee who distributes without a missing beneficiary's share.

The usual route for direction is an application to the Superior Court of Justice for the court's opinion, advice or direction without starting an action. Where a judge passes final accounts and finds money belonging to a person whose address is unknown, that money must be paid into court. The court may also order trust money paid in on a trustee's application, and payment into court is a sufficient discharge for the money paid.

If a trustee breaches a trust, the court may relieve them wholly or partly if they acted honestly and reasonably and ought fairly to be excused. Keep a written record of every step you take to find the person, and speak with a lawyer about the right court process before you distribute.