What rights do beneficiaries have in Ontario?

Beneficiary Rights

  • probate the estate;
  • get private information from third parties;
  • collect or take assets;
  • administer the estate;
  • file tax returns;
  • receive ‘minute by minute’ information about the estate; or,
  • select or hire professional advisors for the estate.

What does an executor have to disclose to beneficiaries in Ontario?

Executors have a duty to account to the beneficiaries. This means, ‘provide an accounting of all of the assets of the estate, all income (and losses of the estate), all expenses of the estate, and all distributions of the estate. This duty is supervised by the Courts via the process of ‘passing of accounts’.

Can an executor withhold money from a beneficiary Ontario?

Share on: Executors cannot do things which are contrary to the benefit of heirs, beneficiaries, and the estate. This means if you suspect an executor is withholding your inheritance distributions, you would have the right to sue the estate, or litigate to suspend, remove and replace the executor.

Should beneficiaries be notified?

Beneficiaries of an estate should be contacted and notified of their inheritance soon after the death. This responsibility lies with the executor or administrator of the estate.

Can a beneficiary challenge an executor?

Who Can Challenge An Executor? You can apply to remove the executor if you’re a beneficiary or a co-executor. A third party with an interest in the estate (such as a creditor) can also apply to have an executor removed.

Do beneficiaries of a will have any rights?

As a beneficiary, you technically don’t have any “rights”. What you do have is the ability to force the executor to perform their duties to the estate. Their duties include, among other things, obeying the valid terms of the Will and acting reasonably when handling the estate property.

What can override a beneficiary?

An executor can override the wishes of these beneficiaries due to their legal duty. However, the beneficiary of a Will is very different than an individual named in a beneficiary designation of an asset held by a financial company.

Should an executor keep beneficiaries informed?

In most cases, the executors (or, if there is no Will, the administrators dealing with the estate under the Intestacy Rules) do keep the beneficiaries informed and answer any requests for information but sometimes they don’t.

Is a beneficiary entitled to a copy of the will?

It is common for beneficiaries to ask to see a copy of the Will. It is however your discretion as Executor whether or not to disclose it to the beneficiary.