Can a Beneficiary Make an Executor Account for the Estate in New Brunswick?

You are a beneficiary, and the executor or administrator has stopped answering your questions. You do not know what the estate holds, what has been paid, or when anything will be distributed. Silence is frustrating, but it does not mean you have no options.

In New Brunswick, the Probate Court has tools for exactly this situation. This article explains the main ones in plain terms: asking for an inventory, requiring accounts, what the Court can do on review, and what escalation looks like. It is general information, not advice on your file.

This article covers the law of New Brunswick.

Start with the inventory

An interested person may ask the Probate Court for an order requiring an executor, administrator or trustee to deliver a sworn, detailed inventory of the assets and their values. This is usually the gentlest first formal step, because it asks for a list rather than a full financial history.

There is a limit to know about. An executor need only provide an inventory unless an interested person or a creditor requests an account. So if an inventory does not answer your concerns, the next step is to ask for accounts.

Before going to Court, it often helps to write to the executor, politely and in writing, asking for the information you want and a reasonable date for a reply. That letter can later show the Court you tried the simple route first.

Requiring the executor to pass accounts

Any person interested in an estate may apply to the Court for a citation ordering the executor to pass accounts. A citation is a Court document that requires someone to appear or act.

The accounts are not a casual summary. They include a full inventory and statements of the money received, the money paid out and what remains. Notice of the process goes to each interested person.

• Check that every asset in the inventory has a value next to it.
• Compare the money received with what you would reasonably expect the estate to hold.
• Look at each payment out and ask whether it is explained.
• Note anything that is missing, unclear or paid to the executor.

What the Court can do when accounts are passed

On a passing of accounts, the Court may make a full inquiry into the whole property of the deceased. Interested persons who live in the Province get at least seven days' notice.

If misconduct or neglect by the personal representative caused a loss, the Court may order that person to pay damages. If the accounts are approved, they bind the interested persons who were notified, unless a mistake or fraud is shown.

That last point matters. Once accounts are approved, it becomes much harder to complain about what they show. If you have concerns, raise them during the process rather than after.

Escalating when the problem is bigger

If you are worried that assets are being distributed before things are sorted out, a person interested may apply for a citation requiring the holder of the letters to bring them into the probate office. Once it issues, the holder must not start or continue distribution without the Court's leave.

For an administrator, there is a further step. If the security given becomes inadequate and is not furnished, the Court may revoke a grant of letters of administration.

The Trustees Act adds more tools, but only in limited cases. It applies to personal representatives only for its compensation and accounts part, and where a will creates a trust. Within that scope, a trustee is entitled to fair and reasonable compensation, the court may fix it, and the court may order accounts passed. A court may also remove a trustee in listed circumstances, including where removal is in the beneficiaries' best interests and other routes are impracticable.

If the will creates a trust

A trustee must show the care of a person of ordinary prudence. The Trustees Act also sets a reporting rule: a report to qualified beneficiaries within 60 days after each fiscal period.

That reporting rule applies to trustees, not to the ordinary discharge of an estate by personal representatives, unless the will creates a trust. So whether you can point to it depends on how the will is written. A lawyer can read the will and tell you which category you are in.

Costs and what to do next

A separate tax applies when accounts are passed: $40 for capital and income of $20,000 or less, and $2 per $1,000 or part over $20,000 up to $100,000. The published figures are inconsistent in places, so confirm the amount with the Clerk before filing.

Other Court fees include $10 for a search into proceedings and $10 for refiling a returned document. Payment must accompany all documents filed, and is payable to the Minister of Finance for the Province of New Brunswick.

• Write to the executor or administrator asking for an inventory and a reply date.
• Keep copies of every message and anything you receive.
• Gather the will, the death certificate and anything showing your interest in the estate.
• Look at the Court's Index of Probate Forms, and confirm the passing-of-accounts amount with the Clerk before filing.
• Get legal advice before filing, especially if you suspect misconduct or the will creates a trust.

Frequently asked questions