Executor Won't Share Information? Beneficiary Rights in Alberta

Being a beneficiary and hearing nothing from the executor is stressful. Months can pass with no word on what the estate holds, what has been paid or when you might receive your gift.

This article explains, in general terms, the information rights Alberta law points to and the steps you can take to ask for an accounting. The exact documents you can demand depend on your situation, so a lawyer can confirm them.

This article covers the law of Alberta.

What the executor owes you

In Alberta the person running the estate is called a personal representative. That means an executor, an administrator or a judicial trustee. They must act honestly and in good faith, in line with the will, and with the care, diligence and skill of a person of ordinary prudence in comparable circumstances. A personal representative with professional skill, such as a trust company or a lawyer-executor, must apply that higher degree of skill when acting in that professional capacity.

Their core tasks include identifying assets and liabilities, managing the estate, paying debts, and distributing and accounting for the administration of the estate. Accounting is one way you can get information about the estate: the personal representative must comply with the Rules regarding accounting, and the Court can order a representative who fails to give required notice or perform a duty to do so.

Where a representative acts without a grant, they must give notice of their appointment to beneficiaries and others. The notice to a beneficiary must identify the deceased, give the representative's contact information, describe the gift and state that gifts are subject to prior payment of debts.

Are you a person interested in the estate?

The Surrogate Rules list who counts as a person interested in an estate. This includes residuary beneficiaries, specific beneficiaries who have not received their entitlement, life tenants and heirs on intestacy. Whether you qualify affects the steps you can take.

The Act does not set out a list of particular documents every beneficiary can demand. Your rights come mainly through the duty to account, the accounting rules and court orders, so ask a lawyer what you can expect in your case.

Accounting: the formal route

A personal representative must comply with the Rules regarding accounting. Unless the court orders a longer or shorter period, they must account every 2 years after the date of death, and a person interested can apply for an accounting at any time.

If a representative applies to pass accounts themselves, notice of the hearing must be served at least one month (30 days) before the hearing, on interested persons who have not given releases.

If the executor still does not act

Alberta government guidance says to first try to resolve the concern by discussion. If that fails, you or your lawyer may apply to the Court, which may provide a remedy if satisfied the representative is not complying with their duties.

• The Court can order the representative to provide notice or perform a duty.
• It can impose conditions, remove the representative, revoke a grant or make another appropriate order.
• Removal is an option, not an automatic result; the Court may choose a lesser remedy.
• The Public Trustee does not get involved in private disputes about how an estate is being administered.

Surrogate case conferences are available once a Form C1 or statement of claim has been filed, and passing of accounts can be addressed in a half-day case conference if all parties consent.

What to do next

• Write to the executor asking for a status update and an accounting, and keep a copy.
• Note the date of death and whether 2 years have passed.
• Keep a record of every request and reply.
• Gather the will, any notice you received and any estate papers you hold.
• Speak with a lawyer before filing, since forms and time periods should be checked against the current Rules.

Frequently asked questions