What Beneficiaries Can Ask From an Executor in Ontario

Being a beneficiary and hearing nothing from the executor is stressful. You may not know what the estate holds, whether debts are being paid, or when anything will reach you. It helps to separate what is genuinely slow from what may be a failure to do the job.

This article explains the tools Ontario gives a person with a financial interest in an estate, how accounts are passed, and when a court can remove or replace an estate trustee. It describes the general picture, and the right step depends on your facts.

Start with a simple, written request

Most estates are sorted out without a court. A polite written request is a sensible first step, because it creates a record and often solves the problem. Useful things to ask for include:

• A list of the estate's assets and debts, and their approximate values.
• Whether a certificate of appointment of estate trustee has been applied for or issued.
• A copy of the will, if you are named in it.
• A rough timeline for the next steps.
• Any statements for estate accounts.

Not every asset is part of the estate. Some assets pass outside it, by joint ownership with survivorship or to a designated beneficiary. An executor may be right that a particular asset is not theirs to report or distribute, though they should be able to explain why.

Court orders for information and accounts

If requests go nowhere, the Rules of Civil Procedure give a formal route. A person with a financial interest in an estate, such as a beneficiary, may move for orders for assistance. These include orders requiring the estate trustee to file a statement of estate assets, give further particulars, or pass accounts.

When accounts are passed, the estate trustee must file the verified estate accounts (Form 74.43), a copy of the certificate of appointment and a copy of the latest judgment, if any. Passing accounts is also the point at which a judge may fix the trustee's allowance for care, pains, trouble and time.

If you are worried about payments to the executor, note that an estate trustee may pre-take compensation before accounts are passed only if all persons with a vested or contingent interest agree (if they are sui juris), the court approves, or the will allows it.

Why an executor may seem slow

Silence is frustrating, but some delay is normal. An executor who distributes estate assets without a CRA clearance certificate (requested on Form TX19) while tax is owing is personally liable for the unpaid amounts, up to the value of the assets distributed. A careful executor may therefore hold back distributions.

Creditors are another reason. A personal representative who has given the required notices to creditors may distribute the estate and is not liable to a creditor whose claim they had no notice of at the time of distribution, but a creditor keeps the right to follow estate assets into the hands of the people who received them. Where the estate cannot cover its debts, they are paid proportionately, with no debt ranked ahead of another.

There are also filing steps after a certificate is issued. An Estate Information Return must be filed with the Ministry of Finance within 180 calendar days after the estate certificate is issued, even if the estate is worth $0. Asking about these steps is a reasonable way to find out whether the executor is working or stalling.

When a court can step in

The Superior Court of Justice may remove a personal representative on any ground on which it may remove any other trustee, and may appoint another proper person in their place. The Court of Appeal for Ontario has said that removing estate trustees whom the deceased specifically chose is a serious matter, because it intrudes on the deceased's intention. Disagreement or slowness alone may not be enough.

A court may also revoke a certificate of appointment on the application of a person with a financial interest, for example if it was issued in error or because of a fraud on the court, if the appointment is no longer effective, or for any other reason.

If no certificate has been issued yet, anyone who appears to have a financial interest may file a notice of objection (Form 75.1) stating the nature of their interest and of the objection. It expires three years after it is filed, unless withdrawn or removed earlier. If the objector does not serve a notice of appearance (Form 75.4) within 20 days after being served with a notice to objector, the application goes ahead as if no objection had been filed.

What to do next

• Gather the will, any letters from the executor and anything showing the estate's assets.
• Send a dated written request for information and keep a copy.
• Note any deadline you are given, and follow up in writing if it passes.
• Do not sign releases or consents until you understand what you are giving up.
• Speak to a lawyer if requests are ignored, money seems to be missing, or you think a notice of objection may be needed.

A lawyer can look at the will and the estate's circumstances and explain which tool is proportionate, since a court application costs time and money and can slow the estate further.

Frequently asked questions