By: Sarah Mumtaz, Sarah Mumtaz Law Offices | Estate Litigation Lawyers
October 21, 2026
If you’re a beneficiary of an estate in Ontario and the executor refuses to provide information, you may have legal options to compel disclosure and obtain an accounting of the estate.
Executors have legal obligations to administer estates properly and account for their management of estate assets. They cannot simply disregard those obligations because they do not wish to communicate with beneficiaries.
Unfortunately, disputes between beneficiaries and executors are not uncommon. Sometimes the executor is a sibling, another family member, or someone who has taken control of the deceased’s finances. Beneficiaries may be left wondering what happened to their loved one’s assets, whether the estate is being properly administered, and when they can expect to receive their inheritance.
Understanding your rights is the first step toward protecting your interests.
Does an Executor Have to Provide Information to Beneficiaries in Ontario?
An executor, legally referred to as an estate trustee in Ontario, is responsible for administering the deceased’s estate in accordance with the Will and applicable law.
An executor also owes fiduciary duties in carrying out the administration of the estate. These duties generally include:
- Identifying, collecting, and safeguarding estate assets;
- Paying legitimate estate debts, expenses, and taxes;
- Maintaining accurate financial records;
- Administering and distributing estate assets in accordance with the Will and applicable law; and
- Accounting for their administration of the estate to those legally entitled to an accounting.
Beneficiaries with an interest in the estate may be entitled to information necessary to understand how the estate is being administered.
However, the scope of disclosure depends on the beneficiary’s legal interest, the nature of the information requested, and the circumstances of the estate. Not every beneficiary is automatically entitled to every document or unrestricted access to the executor’s records.
What Information Can a Beneficiary Request From an Executor?
Depending on the circumstances, a beneficiary may seek information such as:
- A copy of the deceased’s Will and any relevant codicils;
- An inventory of the deceased’s assets and liabilities;
- Details of estate bank accounts and financial transactions;
- Information concerning the sale or transfer of estate property;
- Records of expenses, debts, and distributions paid from the estate;
- Particulars of compensation claimed or received by the executor; and
- A formal accounting showing how estate assets have been administered.
A request for an accounting is particularly important when beneficiaries have concerns about missing funds, unexplained transfers, excessive expenses, or delays in distributing an estate.
What Is a Passing of Accounts in Ontario?
A passing of accounts is a legal process through which an estate trustee’s financial administration of an estate is submitted to the Ontario Superior Court of Justice for review and approval.
The accounting generally identifies estate assets, receipts, disbursements, investments, distributions, and compensation claimed by the estate trustee.
Under the Estates Act and Rules of Civil Procedure, a person with a legal interest may seek a court order requiring an executor to pass their accounts.
During this process, interested parties may have an opportunity to object to the accounts and raise concerns about the handling of estate assets.
Where supported by the evidence, concerns may include improper payments, unexplained withdrawals, unreasonable executor compensation, or failures to protect estate property.
The Court has authority to examine the accounts and, in appropriate circumstances, address misconduct, neglect, or default that has caused financial loss to the estate.
What If the Executor Refuses to Provide an Accounting?
If an executor is unwilling to provide reasonable financial disclosure voluntarily, the beneficiary may consider taking further steps.
Step 1: Make a formal written request.
The beneficiary should identify the information being requested and provide a reasonable deadline for a response. A written request also creates a record of the efforts made to resolve the matter without litigation.
Step 2: Retain an estate litigation lawyer.
A lawyer can assess the beneficiary’s legal entitlements, review the available information, and communicate with the estate trustee or their lawyer.
Often, a formal demand from legal counsel can help obtain information or clarify the issues without immediately commencing court proceedings.
Step 3: Consider a court application or motion.
Where voluntary disclosure is unsuccessful, it may be necessary to seek a court order compelling the estate trustee to account, pass accounts, or provide other appropriate relief.
The legal procedure depends on the nature of the dispute, the beneficiary’s interest, and whether there are existing estate proceedings.
Can an Executor Be Removed for Refusing to Provide Information?
In certain circumstances, yes.
An executor’s persistent refusal to account, failure to administer an estate properly, or serious breach of fiduciary duty may support an application for their removal.
However, an executor will not ordinarily be removed simply because beneficiaries disagree with their decisions or do not get along with them.
The Court considers whether the executor’s continued appointment threatens the proper administration of the estate and the interests of beneficiaries.
Removal is a significant remedy, and each case must be assessed on its particular facts.
What If You Suspect the Executor Has Taken Money From the Estate?
A beneficiary may become concerned after discovering unusual financial transactions, missing assets, unexplained withdrawals, or transfers of estate property.
These circumstances may warrant investigation, but they do not necessarily establish wrongdoing.
Where there is evidence of misconduct, legal remedies may include compelling an accounting, seeking repayment of improperly used estate funds, or applying for other protective court orders.
If there is an immediate risk that estate assets will be transferred, dissipated, or concealed, urgent legal advice may be necessary.
How Long Can an Executor Take to Administer an Estate?
There is no single deadline that applies to the completion of every estate administration in Ontario.
The time required depends on factors such as the complexity of the estate, tax obligations, outstanding debts, property sales, and potential litigation.
The traditional concept of the “executor’s year” generally contemplates a period of approximately one year for estate administration, but it is not an absolute deadline requiring every estate to be distributed within twelve months.
Unreasonable or unexplained delays may nevertheless justify further inquiries or legal intervention.
Do Beneficiaries Have to Wait Until the Estate Is Distributed to Raise Concerns?
No.
Beneficiaries do not necessarily need to wait until the estate has been fully administered before addressing legitimate concerns about the executor’s conduct.
Indeed, in some cases, taking steps early may help prevent further complications, particularly where estate assets are at risk.
The appropriate response will depend on the available evidence, the estate’s circumstances, and the nature of the beneficiary’s legal interest.
Frequently Asked Questions
Can an executor refuse to show me the Will?
An executor cannot necessarily withhold a Will from a person legally entitled to receive or inspect it. Whether a particular person is entitled to a copy depends on the circumstances. If the Will has been filed in an Ontario court proceeding, it may also be accessible through the court record.
Can I demand bank statements from an executor?
Banking records may be relevant to an estate accounting. However, entitlement to individual statements or supporting documents depends on the beneficiary’s interest, the issues in dispute, and whether disclosure is voluntary or court-ordered.
Can I sue an executor for withholding my inheritance?
Potentially. Where an executor has improperly withheld distributions or breached their duties, legal remedies may be available. A delay alone does not necessarily establish misconduct, particularly where legitimate estate obligations remain outstanding.
Who pays the legal fees in an estate dispute?
Legal costs depend on the circumstances and the result of the proceedings. There is no automatic rule that the estate will pay everyone’s legal fees. Courts may order costs against unsuccessful parties or, in appropriate cases, personally against an executor.
Speak With an Ontario Estate Litigation Lawyer
Disputes over estate administration can be especially difficult when the executor is a family member and communication has broken down.
If you are a beneficiary who has been denied information about an estate, has concerns regarding the handling of estate assets, or suspects that an executor is failing to fulfill their obligations, it is important to understand your legal rights.
Sarah Mumtaz Law Offices represents beneficiaries, executors, and other interested parties in estate litigation matters throughout Ontario.
Our office assists with estate accounting disputes, passing of accounts applications, executor removal proceedings, Will challenges, and other estate-related litigation.
Contact Sarah Mumtaz Law Offices to arrange a consultation and discuss your estate litigation matter.
Disclaimer: This article provides general legal information about Ontario estate law and does not constitute legal advice. The appropriate legal steps depend on the circumstances of each estate.