Your Rights as a Beneficiary of an Estate in Newfoundland and Labrador

Being named in a will can feel like being handed a promise with no instructions. You may not know when you will receive anything, what you are entitled to see, or what to do if the executor goes quiet.

This article explains, in general terms, what Newfoundland and Labrador law gives a beneficiary: access to information, a sense of the timeline, and protections if an executor is not doing the job properly. Every estate is different, so a lawyer can confirm how this applies to yours.

This article covers the law of Newfoundland and Labrador.

What the executor has to do before you are paid

An executor who wants to deal with estate assets generally needs Letters of Probate to prove the right to do so. Where the deceased held land or accounts in their sole name that must be sold, transferred or collected, the executor needs a grant. A grant also protects the executor, who may be personally liable for acting without one if the will is later found invalid.

Before distributing, the executor notifies known creditors. An executor is not liable for assets distributed to someone whose claim they had no notice of at the time, although a creditor can still follow the assets. This is one reason an executor may hold back payment even when the will is clear.

The information you can ask for

Separately from anything you request, the person holding the grant must file in the registry, within 1 year after the grant issues, an inventory and valuation, a statement of estate received, a statement of disbursements (funeral expenses, debts and estate) and a statement of the estate still outstanding.

If you are not getting answers, the Rules of the Supreme Court give you a formal tool. Beneficiaries, creditors or sureties may seek an order, on ten clear days' notice, requiring the executor to produce an inventory and a sworn account. Accounts passed in court must come with an inventory and sworn statement. A judge may dispense with accounting if it is unnecessary.

• A sworn account from the executor, which beneficiaries may seek by court order if it is not provided.
• Whether the executor has filed the required statements within one year after the grant issues.
• The inventory and valuation of the estate's property.
• A summary of money received and money paid out, including debts and funeral costs.
• An explanation of what remains to be done before distribution.

Start with a polite written request. A court order is the fallback, not the first step.

How long it takes and why it may stall

There is no time limit to apply for a grant, and a will can be probated or an estate administered at any time after death. The court page gives no processing timeline for a grant. The only fixed period it states is the 5-day notice period before the petition is filed. Be cautious about any online claim of a set number of weeks.

The process starts with a Notice of Application posted with the Registry Office. After the 5-day notice period, the applicant confirms that no caveat has been entered and no previous grant has been made, then files the petition, the inventory and, for probate, the will. Common causes of delay include:

Protections if something goes wrong

An executor who invests estate money must use the care, diligence and skill of a reasonably prudent person. An executor who acts in good faith in compromising claims carries no liability for it, and may apply to the court for directions when unsure. Any interested person may apply to have an executor or administrator removed. A person who renounces probate stops acting as executor.

Executors may be paid. The court may allow remuneration beyond actual expenses, with the total not to exceed 1/20 of the realized value of the assets, and compensation set out in the will generally replaces it.

If a child or sibling named in the will died before the person who made it, leaving issue, the gift passes to those issue.

Things that can change what you receive

• Life insurance with a named beneficiary is generally not part of the estate and not subject to the insured's creditors. If the designation is to the 'estate', 'heirs' or 'next of kin', the money is paid to the estate and the executor will need a grant.
• A matrimonial home that spouses hold as joint tenants passes to the surviving spouse by right of survivorship, without probate or estate administration. Whether a particular home is held this way depends on how title is registered, so it is worth confirming with a lawyer.
• A dependant such as a spouse, cohabiting partner or child may apply under the Family Relief Act if a will does not make adequate provision, generally within 6 months after the grant, though a judge may allow an application for any undistributed part of the estate. A cohabiting partner needs at least 2 years of continuous conjugal cohabitation outside marriage, or at least 1 year if they are together the biological or adoptive parents of a child. Once notice is served, distribution can be stopped.

What to do next

• Ask the executor in writing for a copy of the will and an update on the grant.
• Keep a record of every request and reply, with dates.
• Ask for the inventory and a summary of money in and out.
• Note the one-year filing mark after the grant issues.
• Speak with a lawyer before entering a caveat or applying to remove an executor, because deadlines and consequences apply.

Frequently asked questions