- Ontario has no fixed schedule for passing accounts, but a person with a financial interest can ask the court to require it.
- Everyone with an interest must be served at least 60 days before the hearing if served in Ontario, and beneficiaries must file any objection at least 35 days before it.
- The judge reviews the accounts, can look into complaints, and decides what compensation the estate trustee is paid.
A passing of accounts is a court review of how an estate trustee has handled an estate. The trustee shows what came in, what went out and what is left. The court then decides whether the accounts are approved and what the trustee should be paid.
Whether you are the estate trustee or a beneficiary, the process has set steps and time limits. This article walks through who can start it, what notice is needed, how objections work and what the judge decides.
When a passing of accounts happens
Ontario has no statutory requirement for estate trustees to pass accounts at fixed intervals. A trustee may choose not to pass accounts unless the court compels it.
Apart from an inventory, an executor or administrator does not need to account to a court unless asked by, or on behalf of, a person interested in the property or a creditor of the deceased. Any person who appears to have a financial interest in the estate may move for an order requiring the estate trustee to pass accounts.
A person with a financial interest may also move for an order requiring the trustee to file a statement of the nature and value of the estate's assets at the date of death, and then ask for further particulars. Many disputes start with that step.
Starting the application and what the accounts must show
To apply, the estate trustee files the following, and the court then issues the notice of application (Form 74.44):
- The accounts, verified by affidavit (Form 74.43).
- A copy of the certificate of appointment.
- Any latest judgment on a passing of accounts.
Estate trustees must keep accurate records of the assets and transactions in the estate. The accounts filed with the court must include a statement of assets at the date of death (on a first passing), an account of all money received, an account of all money disbursed including the trustee's compensation, investment transactions, unrealized assets, money and investments at the closing date, all liabilities, and a statement of the compensation claimed.
The receipts, disbursements and investment accounts must each show the balance forward. Where the will or trust treats capital and income differently, receipts and disbursements must be divided into capital and income.
Notice, objections and timing
The notice of application and a draft judgment must be served on every person with a contingent or vested interest in the estate. The key time limits are below.
| Step | Time limit |
|---|---|
| Serve notice and draft judgment in Ontario | At least 60 days before the hearing |
| Serve notice and draft judgment outside Ontario | At least 75 days before the hearing |
| Beneficiary serves and files notice of objection (Form 74.45) | At least 35 days before the hearing |
| Request for increased costs, with costs outline | At least 15 days before the hearing |
If the Public Guardian and Trustee or the Children's Lawyer represents a person with an interest, such as a minor or an incapable person, they must also be served. An objection cannot be raised at the hearing unless it was raised in a notice of objection, unless the court orders otherwise.
Unopposed and opposed passings
If no notices of objection are filed, or all are withdrawn, the court may grant judgment without a hearing. At least five days before the hearing date the applicant files a record with proof of service, an affidavit (Form 74.47) that the time for objections has expired, any costs requests and a draft judgment in duplicate.
In the Toronto Region, an unopposed passing may proceed in writing once that material is filed. Other regions may handle this differently, so check local practice.
Costs on a passing are assessed under Tariff C. A party seeking more must serve a request for increased costs (Form 74.49.2 or 74.49.3) with a costs outline (Form 57B).
What the judge decides
The judgment declares the accounts passed, including the capital and revenue receipts and disbursements, and orders fair and reasonable compensation paid to the estate trustee out of the estate. When passing accounts, the judge may allow a fair and reasonable allowance for the care, pains, trouble and time spent on the estate.
The judge can also inquire into any complaint or claim by a person interested, including misconduct or neglect that caused loss, and may order payment to the estate. If a trustee took compensation early and the court later approves a lower amount, the court can order the difference repaid to the estate.
What to do next
- If you are the trustee, gather bank statements, receipts and investment records and make sure your records are complete and organized.
- If you are a beneficiary, note the date you were served and count back to the objection deadline right away.
- Check whether anyone is outside Ontario or represented by the Public Guardian and Trustee or the Children's Lawyer, since that changes service.
- Speak with a lawyer before filing or objecting, because missed deadlines can limit what you can raise.
Frequently asked questions
Do I have to pass accounts as an estate trustee?
Not automatically. Ontario has no statutory requirement to pass accounts at fixed intervals, and a trustee may choose not to unless the court compels it. A person with a financial interest can move for an order requiring it.
How much notice must beneficiaries get?
Everyone with a contingent or vested interest must be served at least 60 days before the hearing date if served in Ontario. If served outside Ontario, it is at least 75 days.
Is a hearing always needed?
No. If no notices of objection are filed, or all are withdrawn, the court may grant judgment without a hearing. In the Toronto Region, an unopposed passing may proceed in writing.
Can the court change the trustee's pay?
Yes. The judge allows a fair and reasonable allowance on the passing. If compensation was taken early and the court approves less, it can order the difference repaid to the estate.
Sources
- Trustee Act, s. 61(3) — Ontario e-Laws
- Wall v. Shaw, 2018 ONCA 929 — ontariocourts.ca
- Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 74.17(1) — Ontario e-Laws
- Estates Act, R.S.O. 1990, c. E.21, s. 50(1) — Ontario e-Laws
- Superior Court of Justice – Consolidated Practice Direction, Toronto Region, Part F.5.B — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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