- A court can require an executor or administrator to account for the deceased's property, on its own motion or on application by an interested person, a creditor or a surety.
- If no accounts or insufficient accounts were given, the court may order a proper statement of accounts in an administration action.
- Whether an executor can actually be removed depends on the facts, so a lawyer should confirm the options before you apply.
When an executor is slow, secretive or seems to be mishandling the estate, beneficiaries often ask whether the executor can simply be removed. It is a serious step, and the court looks closely at what has actually happened.
This article explains the tools Manitoba law gives you to press an executor for information and accountability, which are often the first practical step. It also explains when removal or replacement may be worth discussing with a lawyer.
This article covers the law of Manitoba.
Start with information, not removal
Many disputes begin with silence. Before asking a court to replace someone, it is usually sensible to ask in writing for an update, a copy of the inventory and an explanation of delays. Keep copies of your requests and of any replies.
The inventory is a good starting point. Before a grant of probate or administration, the applicant must file a true and complete inventory of everything the deceased owned at death, verified by oath. Form 74EE, Information for Personal Representatives and Beneficiaries, is also a Rule 74 form.
Court tools to make an executor account
Manitoba law allows the court to demand accounts. The court may require an executor or administrator to account for the deceased's property, on its own motion or on application by an interested person, a creditor or a surety.
In an administration action brought by a creditor or beneficiary, if no accounts or insufficient accounts were given, the court may order the executor or trustee to provide a proper statement of accounts. A judge, or the Registrar or associate judge to whom the matter is referred, may also take and pass a trustee's accounts even when the estate is not before the court in a suit.
| Tool | What it does |
|---|---|
| Order to account | Court may require an executor or administrator to account for the deceased's property |
| Administration action | Court may order a proper statement of accounts where none or too little was given |
| Passing accounts | Accounts are reviewed by a judge, Registrar or associate judge |
How passing accounts works
A trustee may file accounts in the court office to have them passed, but not more often than once in each year. On passing the accounts of an executor, administrator, executor-trustee or guardian, the court has the powers set out in s. 43(1) of The Court of King's Bench Surrogate Practice Act, and at least 14 days' notice of the accounting is required unless the court directs shorter notice.
The Court of King's Bench forms include Form 74Z (Notice of Application to Pass Accounts), Form 74BB (Appointment to Pass Accounts) and Form 74AA (Affidavit Verifying Application and Accounts). Because Rule 74 forms have been amended in recent years, check that you are using the current versions.
Accounts help you judge whether payments were reasonable. A trustee is entitled to a fair and reasonable allowance for care, pains, trouble and time spent on the estate, and a fee fixed in a will is not valid unless a judge approves it. Unexplained or excessive charges can be a concern to raise.
Removal, replacement and related options
Whether removal or replacement of an executor is available, and on what grounds, depends on your situation, and the accounting tools above are often the more practical first step. A lawyer can confirm the grounds that may apply in your situation.
Some paths do not involve removal at all. A named executor who does not want the job can renounce, which ends the executorship and any trusteeship, unless the renunciation reserves the trusteeship. The court may also summon a named executor to prove the will. A trustee who wants to be discharged from a trust can do so only under Trustee Act s. 7(1), which requires a deed and the consent of co-trustees.
If there is a suit over a will's validity or over probate or administration, the court may appoint an administrator pending litigation, who may receive reasonable remuneration out of the estate as the court sets.
What to do next
- Write down a timeline of delays, missing information and specific concerns.
- Send a clear written request for the inventory and accounts, and keep a copy.
- Gather the will, any grant of probate and any statements you already have.
- Note whether you are a beneficiary, creditor or other interested person.
- See a lawyer before filing anything, so you understand costs, risks and what outcome is realistic.
Frequently asked questions
Can a beneficiary make an executor provide accounts?
The court may require an executor or administrator to account, on its own motion or on application by an interested person, a creditor or a surety. In an administration action, it may order a proper statement of accounts if none or too little were given.
How often can accounts be passed?
A trustee may file accounts in the court office to have them passed, but not more often than once in each year. At least 14 days' notice is required unless the court directs shorter notice.
Which forms are used to pass accounts?
Form 74Z is the Notice of Application to Pass Accounts, Form 74BB is the Appointment to Pass Accounts and Form 74AA is the Affidavit Verifying Application and Accounts. Check that you have the current versions.
What if the estate is tied up in a court fight?
While a suit over a will's validity or over probate or administration is pending, the court may appoint an administrator pending litigation, with reasonable remuneration out of the estate as the court sets. A lawyer can explain whether that fits your case.
Sources
- The Trustee Act (Manitoba), s. 90 — web2.gov.mb.ca
- The Court of King's Bench Surrogate Practice Act, s. 43 — web2.gov.mb.ca
- Court of King's Bench Forms (Civil), Rule 74 forms — web2.gov.mb.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
A single will with us is from $628.95, tax included. Third-party fees are extra.