Does a trustee have to provide accounts to beneficiaries in Ontario?
Yes. In Ontario, a trustee has a legal duty to keep proper accounts and to provide beneficiaries with information about the trust. This is part of the trustee's broader duty of loyalty and transparency toward the people they serve.
At a minimum, beneficiaries are entitled to know the trust exists, to understand their interest in it, and to receive accounts showing what assets the trust holds, what income has been earned, what expenses have been paid, and what distributions have been made. Trustees should keep records that are detailed enough to explain every significant transaction.
If a beneficiary requests accounts and the trustee refuses, the beneficiary can apply to the Ontario Superior Court for an order requiring the trustee to "pass accounts." Passing accounts is a formal court process where the trustee's accounts are reviewed and, if approved, the trustee receives a formal discharge for the period covered.
Trustees can also voluntarily apply to pass accounts, which gives them legal protection — once accounts are passed by the court, beneficiaries who consented cannot later challenge those transactions. If you are a trustee, maintaining clear records from the start and communicating proactively with beneficiaries tends to prevent disputes before they escalate.
Key takeaways
- Trustees must keep proper accounts and share them with beneficiaries on request.
- Beneficiaries can apply to court for a formal passing of accounts if a trustee refuses.
- Passed accounts give the trustee legal protection for the period covered.
- Proactive communication and record-keeping reduces the risk of disputes.