What happens to a missing beneficiary's share of an Ontario estate?

How a missing beneficiary affects the estate depends on your situation, so it is worth confirming with a lawyer before you distribute anything. As estate trustee you distribute the estate according to the will.

Check the will and the deceased's papers, contact relatives and friends, try last known addresses and keep a written record of every effort. A person applying for probate must send or give a copy of the application form to everyone entitled to a share before filing. Estates are presumed to be wrapped up within one year of death, but the court accepts that this may be unreasonable when an estate is not simple. Distributing before getting a CRA clearance certificate (Form TX19) can make you personally liable for unpaid amounts, up to the value distributed.

For life insurance, an insurer that admits liability may apply to court to pay the money into court where an entitled person's whereabouts are unknown, and can do so after more than 30 days from when the money became payable. For other estate money, whether it can be paid into court, and how to get protection through a court order, depends on the facts, so speak with a lawyer before you act.