Concerns of Beneficiaries about the Accounting of the Executor of an Estate.  

Concerns of Beneficiaries about the Accounting of the Executor of an Estate.  

When someone passes away, they often leave behind instructions in a will. The person in charge of carrying out these instructions in the will is called the executor. Think of the executor like the team captain—they collect the money, pay the bills, and give out what’s left to the people named in the will (“beneficiaries”).  

But sometimes, beneficiaries have concerns.

Here are some examples of what beneficiaries might be concerned about:

“Why did the executor spend that much?”
If the executor spent money from the estate, like on repairs or cleaning, some beneficiaries might say it cost too much or wasn’t necessary.

“Did the executor sell that house for too little?”
Executors sometimes have to sell things, like houses or cars. If it seems like they sold something for less than it's worth, beneficiaries might ask why.

“Is the executor helping their own family?”
If the executor lets someone close to them (like their own child) live in an estate house for free, some beneficiaries might feel that’s not fair.

“Why did I get less than someone else?”
Sometimes, one beneficiary owes money to the estate and their share gets reduced—but if equal beneficiaries are treated differently, that can raise questions.

“Is something missing?”
Beneficiaries might think the executor forgot to include something important, like a bank account or a valuable item.

“Why is this taking so long?”
If the estate is being handled slowly, and it costs more because of the delays, or someone is living in the estate’s property while waiting, beneficiaries might raise concerns.

“Why are the lawyer fees so high?”
Legal help costs money, and beneficiaries might want to know why those costs are what they are.

“Is the executor asking for too much pay?”
Executors can be paid for their work, but that pay should be in line with the work that they did as executor.

If these questions are not resolved to the beneficiaries' satisfaction, they can lead to a type of court hearing called a passing of accounts. That’s when the executor must account to the beneficiaries in front of the court for everything they did with the money and property. The court will then decide which transactions were reasonable. The executor may be personally liable for any transactions made that are off side from the best interest of the estate.

Executors aren't always in the wrong—they might have had good reasons for their decisions. But if you're a beneficiary with concerns, or an executor who wants help showing everything was done properly, you don’t have to figure it out alone.

If you have questions or need advice, call corporate and estates lawyer Andrew Reed at 250-756-3823 or email ar@jfblaw.ca.

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