Executor Not Giving Information to Beneficiaries in Ontario

You are named in a will, or entitled on an intestacy, and months have gone by. Your emails go unanswered, you do not know what the estate holds, and you have no idea when anything will be paid. That is stressful, and it is one of the most common complaints in estate disputes.

This article explains the tools Ontario law gives a person with an interest in an estate, in the order people usually think about them. It is general information, not advice on your situation, and the right step depends on the facts.

Why executors go quiet, and why it matters

An executor, formally called an estate trustee, often goes quiet for ordinary reasons. They may be grieving, overwhelmed by paperwork, waiting on a bank or a sale, or unsure what they are allowed to share. Sometimes the silence hides something more serious, such as mixing estate money with personal money or delaying because they are benefiting from the delay.

Slow is not the same as improper. Estates take time, and a sensible first step is a clear written request. But there is a legal point worth knowing: no Ontario law requires an estate trustee to pass accounts at fixed intervals, and trustees may choose not to pass accounts unless the court compels them at the request of someone with an interest. In other words, you usually have to be the one to push.

Your main tool: asking the court to require accounts

Under the Estates Act, a court will not require an executor or administrator to account for the deceased's property unless a person interested in the estate or a creditor asks for it. So a beneficiary can apply to compel accounts. Accounts are the detailed record of what came in, what went out, and what is left.

On a passing of accounts, the judge may inquire into any complaint or claim by any person interested in the accounts. If the judge finds the executor, administrator or trustee has caused a loss, the Estates Act lets the judge order them to pay damages or other sums to the estate. This is why the process matters: it is where questions about missing money, unexplained payments or the trustee's own pay can be examined.

In the Toronto Region, an applicant on a passing of accounts gets a hearing date by submitting a Request Form through the Ontario Courts Public Portal. Procedures differ by region, so the court where the case will be heard has its own rules to follow.

There is also a helpful exception on timing. When an estate trustee applies to pass accounts and you respond with a notice of objection, that filing does not start a proceeding, so the general two-year limitation period under the Limitations Act, 2002 does not apply to it. That does not mean you can wait indefinitely on other kinds of claims, which is covered below.

Protecting your position early

If the estate has not yet received its court certificate, there are earlier steps. Before a certificate of appointment of estate trustee is issued, anyone who appears to have a financial interest in the estate may object by filing a Notice of Objection (Form 75.1) with the registrar or the Estate Registrar for Ontario, stating the nature of their interest and of the objection. If the Registrar tells the applicant about it, the applicant must send a notice to the objector (Form 75.3) and file a copy with an affidavit of service.

A person with a financial interest can also file Form 74P to ask the court to notify them when someone starts a proceeding involving the estate. That helps if you are worried things will move forward without you.

• Notice of Objection (Form 75.1): used before the certificate is issued.
• Form 74P: asks the court to notify you of proceedings involving the estate.
• Application to compel accounts: a court will not require an executor or administrator to account unless a person interested in the estate or a creditor asks for it.

When the problem is bigger than silence

The Superior Court of Justice may remove a personal representative and appoint another suitable person in their place. It may also appoint a new trustee in addition to or in place of existing trustees. Courts treat removing trustees whom a deceased specifically chose as a serious matter. Whether your situation would meet that bar depends on the facts, so it is worth confirming with a lawyer.

Which grounds are enough, such as conflict, delay or harm to beneficiaries, is decided case by case. A lawyer can tell you how a judge is likely to view your evidence.

Mediation may also come into play. Rule 75.1.02(1) makes mediation mandatory in certain estates proceedings, including contested passings of accounts and claims against an estate. The Ontario government says the Mandatory Mediation Program operates in Toronto, Ottawa and Windsor. In those proceedings the court's directions order sets the cost of mediation and how it is shared. Check the current rule for where your matter will be heard.

What to do next

Start with a record, then a clear request, then a decision about whether to go to court. Keep your tone factual. A calm paper trail helps if a judge later asks what you did and when.

• Write down what you know: date of death, who the executor is, what you were told and when.
• Send a short written request for an update and for accounts, with a reasonable deadline.
• Keep copies of every email, letter and message.
• Check whether a certificate has been issued, since your options differ before and after.
• Do not wait too long. Time limits can apply to some claims, and the right one depends on the claim.
• Speak with an estates lawyer before filing anything, so the step you take matches your goal.

Frequently asked questions