What is a beneficiary of an estate in Ontario, and what rights do they have?

A beneficiary is a person who is entitled to receive something from an estate, such as a gift in a will, a share on an intestacy, or insurance money named in a policy. Being named does not give you the property right away. When someone dies, estate property vests in the estate trustee, who holds it for the people entitled, subject to the deceased's debts, though designated insurance money is not part of the estate.

The estate trustee, not the beneficiary, has authority to sell estate property. A sale of real property made only for distribution is not valid against a beneficiary who has not agreed, unless majority-interest beneficiaries or the court approved it, with the Children's Lawyer or Public Guardian and Trustee involved if a beneficiary is a minor or incapable. Real property not disposed of within three years of death vests in the beneficiaries without a conveyance, unless a caution has been registered.

A named share is not always guaranteed. A court can order support for a dependant from the estate, which can reduce a named beneficiary's share. What you can expect depends on the document and the facts, so a lawyer can confirm your position. Keep your own copies of any documents you receive.