You These assets may be claimed by and paid directly to the designated beneficiary upon your death. If the will is NON SPECIFIC about the estate items, and just general then the executor has a right to do what they deem appropriate to settle it in the best way considering the intention of the deceases, the will, and the interest of the beneficiaries. It is unreasonable to expect accounting during the first months of the estate, and the executor is not obliged to consult with beneficiaries about every decision, nor provide them with back up documentation on an on-going basis. What beneficiaries have is the ability to force the estate trustee to perform their duties. against executors whose fees are disproportionate to the work performed. Professional Zaldin, S. STEVEN executor complete a court-supervised review of the accounts. Law, Conservation Review Evidence that the proposed trustee has breached trust obligations in the past (fraud, etc.) Us Today. A beneficiary is someone who receives something in a Will. As a beneficiary, you only have legal rights over your share of the inheritance once the estate has been distributed. at all. Someone close to you has passed away and you are named as a beneficiary in the Will; you are entitled to receive all or part of their estate. If you are concerned To do so, beneficiaries must be provided with enough information to enforce their rights. entitlements, paying debts, and filing their last income tax return. • In some cases, an executor does nothing An executor is the person whom the deceased appointed to settle his or her estate upon death, distributing entitlements, paying debts, and filing their last income tax return. This is whatever is left over after all the gifts have been given out. Otherwise the executors hands are tied and nothing would get done if you needed 100% agreement on everything. Now I know it can take up to 14weeks depending on where you live in Ontario for Probate, which would have been end … Obligations v. Rights. Beneficiaries do NOT have a right to do anything of the things that the executor is obliged to do. These rights are transferred to an executor by a probate court, usually by using a legal document known as letters testamentary. They are not entitled to do nothing for extended periods of time. and cancelled cheques, the beneficiary may consider compelling that the of Accounts. Anyone who is an immediate family member of the deceased, whether or not he or she is listed in the will, is legally entitled to a copy of a will. A The fundamental issue is whether their is evidence that the proposed estate trustee is unlikely to perform their duties properly. Offences, Criminal Law • While executors are paid for their work in What is a Beneficiary in Insurance? When a beneficiary gives a guarantee to a financial institution, this type of provision could be negotiated. Beneficiaries (other than a survivor) can contribute any of the amounts they receive to their own TFSA as long as they have unused TFSA contribution room available. Please choose an answer. 15th Floor, 4 Robert Speck Parkway Law Group. t: 1 (888) 995-0075 • You are entitled to receive failed to sell real estate (the house of the deceased); failed to distribute the estate to the beneficiaries; and. deceased appointed to settle his or her estate upon death, distributing No. estates where the deceased had many assets in different countries using Ontario, Civil The executor must provide proper accounting, in Court format, to beneficiaries in a timely manner. the expenses incurred by the trustee (such as legal fees), the values received by the estate trustee for assets (such as real estate). TOLL FREE: 1-888-307-9991, Serving all of For the value of the life insurance to. Law FAQ, Civil and you are named as a beneficiary in the Will; you are entitled to Appeals, CAS Tribunals, Ministry Brenner, Nickolas N. For large, complex Free eBook on Probate in Ontario. Applying for death benefits Death benefits may be available to the spouse or children of someone who dies. disallow the level of compensation. Ottawa, ON CANADA K2H 9G1, Kanata office: We are experienced at forcing executors to do the right thing. Compelling or Challenging a Passing County Law Association, Durham Region Law Communication. An estate trustee should not use estate funds to defend the trustee’s personal interests (for instance, the trustee’s share as a beneficiary). Read on to better understand the limits of beneficiary rights. Review, IAIN T. It is the right of all beneficiaries of a deceased estate located in NSW to receive their entitlement under the Will within 12 months of the deceased’s death (plus any interest as prescribed by the Court, if paid outside this 12 month period). That right applies only if the property is owned by the parties as "joint tenants". Kanata, ON K2K 2X3, St. Laurent office: The beneficiaries of the estate are the people entitled to receive those assets. Our Estate Litigation Group is here sophisticated business structures including corporations and trusts, Under Ontario law, you may designate beneficiaries to receive certain financial assets such as life insurance proceeds, RRSPs, or pension plan benefits. The person in charge of administering the estate is called the executor . However, this does not mean that the beneficiary has the right to view or appraise the inheritance immediately. FAQ, Criminal Note: hostility of beneficiaries to the trustee is not the same, and is not a basis to pass over an executor. Get Estate Legal Advice However, for an experienced lawyer, it is relatively straightforward to commence proceedings on behalf of beneficiaries to force the executor to act and fulfill their duties. If a Will … Beneficiaries do NOT have a right to do anything of the things that the executor is obliged to do. The Rules of Civil Procedure set out a process for dealing with objections. You. Cohabitation & Separation Agreements, Restraining Orders in An executor who wishes such a claim should renounce and not be appointed; and if appointed, should resign or be replaced (at least by an estate trustee during litigation). The key is the executor need to … As a residuary beneficiary of an estate the entitlement to access to information extends to the ability to access information relating to the management and administration of the estate in its entirety. Sometimes the proposed trustee has threatened the beneficiaries to this effect. However, this presumption can be overcome and the executor ‘passed over’. The executor is often, but not always, also a beneficiary. The executor has a duty to keep you and any other beneficiaries informed and provide certain documentation, as well as to act in good faith – even if they are a beneficiary themselves. The executor of an estate is responsible for paying the estate's bills and informing government offices, insurers and other interested parties that the testator -- the person who made the will -- has passed. Estate Registrar for Ontario c/o Toronto Estates Office Superior Court of Justice 330 University Ave Toronto ON M5G 1R7 If you have any questions about filing an election, please call the Estate Registrar for Ontario at 416-326-2940 or toronto.estates@jus.gov.on.ca. For instance, beneficiaries do not have the right to: probate the estate; 555 Legget Drive Even then, creditors and income tax bills are paid first. Suite 800, 1730 St. Laurent Blvd. Defence, Will & Trust If this occurs, the Executor must inform beneficiaries of any delay and provide a new revised expected date of receiving the entitlement. County Law Association, Member of Durham Region Law Importantly, however, an ETDL does not have power to distribute the estate. In order to determine whether that right of survivorship applies, the nature of the property must be considered and any title documentation must be closely scrutinized. Ideally, beneficiaries should make a claim as soon as possible. An executor is the person whom the winding up an estate, beneficiaries have the right to approve or I don't know. If you do not name a beneficiary for your life insurance, is your death benefit paid out to your estate? These proceedings do not have to be slow, expensive or complex (although much depends on how the executor responds). Throughout the provinces in Canada. As trustees, executors owe many duties. your bequest from the executor as soon as he or she is able to release Whether someone has a right to see someone’s will in Canada depends on a number of important factors, such as the testator’s desire, the relationship of the person to the testator and the purpose for wanting to see the will. Purpose of a Will A will is a legal document that is primarily used to dictate what happens to a person’s assets of his or her estate after the person dies. may need to launch an Unjust Enrichment action However, if there is evidence that an estate trustee is not performing properly, or, a dispute with beneficiaries makes it difficult or impossible for the trustee to perform, it is possible to have a third party appointed as ‘estate trustee during litigation’ (the “ETDL”). 200-15 Fitzgerald Road the last valid Will and 2) appoints the executor of the estate. Removal of an estate trustee after appointment is difficult. Estates Law, Estate Litigation all the tasks of administering an estate. You do however have a right to information before then, so you can be kept up to date with the administration of the estate. This can lead to uncertainty, confusion and occasionally mistrust and resentment. Rights and Responsibilities; FAQs ; How much do you know? Occasionally, beneficiaries It is quite common for someone to get a share in “the residue”. She was named as a beneficiary of a gift from her uncle who passed away in late July 2018, and the will stated all assets to be liquified and split evenly to recipients. We can arrange to meet you at this address, or at an address across the GTA that suits you better. publication, but should not be relied upon as accurate. Lipchitz, Maurice A Beneficiary named in a Will of a deceased person is entitled to receive a copy of that Will. A trustee is obliged to provide in a passing of accounts vouchers relevant to items reasonably in dispute. executor you may feel helpless because you have no control over the However, this doesn’t mean you have an automatic right to know every detail of the probate case. Challenging a Passing of Accounts, Capacity It is not unusual for executors to take a year or longer to complete The same applies to anyone who is listed in the will as a beneficiary. to help you. Association, Family Law FAQsCriminal Law FAQsCivil Litigation FAQsEstate Litigation FAQs, 183 Simcoe Ave., Keswick, ON, Reasonable Diligence. We at Donnell Law Group have helped many f: 1 (866) 397-9227, Probate in Ontario CALL: 905-476-9100 Related Charges, Break & Enter Proceedings, Power of Attorney Association, Donnell © Copyright - Miltons IP - All Rights Reserved 2020, Home ownership: joint tenants and tenants in common, Beneficiary designations: TFSA, RRSP, RRIF, pension, insurance, Dependent support obligations and challenges, Wills and marriage, divorce & re-marriage, Retention, revocation and destruction of wills, Disputes about actions of an attorney for property, Estate administration / executor services. Litigation, Professional The perception of inequality within the family remains a key source of estate litigation, she explains, and appointing an adult child to be your executor could add to that perception. would, of course be relevant. Hill and York Region. Someone close to you has passed away Estate trustee are not entitled to depart from the law or unfairly favour themselves or any other beneficiaries. However, the Will can allow the Executor to delay the distribution of assets. constitute legal advice. about how an executor handling a Will, Estate or Trust please connect with Donnell Law Group You might get a sum of money, some land or property or a particular item (for example jewellery). The content published was current as of the original date of Executor’s Checklist In this case, a beneficiary can apply to have the A designated beneficiary will not have to pay tax on payments made out of the TFSA, as long as the total payments does not exceed the fair market value (FMV) of all the property held in the TFSA at the time of the holder's death. The rights of a beneficiary holding a residual or remainder interest in an estate are much broader. Beneficiary Rights If someone stands to inherit under a will, he or she has the right to be notified of this. Ultimately, the only way to force an executor to perform properly is to go to Court. As a beneficiary you can’t insist on any distribution until the will has been probated. In the majority of cases, executors suddenly become much more active when they are confronted with a reasonable Court proceedings by the beneficiaries to enforce their rights. Association, Members in good standing of A testator can choose whomever they wish to be a beneficiary of their estate this includes family, members, friends, organisations and charities. L4P 2H6Main Phone: 905-476-9100Toll Free: 1-888-307-9991Fax: 905-476-2027, Monday – Friday: 9:00 AM – 5:00 PM There is no other way to force an executor to do or not do anything – only a judge can dictate to an executor. today. Mississauga, ON L4Z 1S1. from his or her duties in settling an estate. When you purchase a life insurance policy you can name a beneficiary. When someone passes away, they leave an estate, which is all their remaining assets. Simcoe To serve you, we have offices across the Greater Toronto Area – Toronto, Scarborough, Markham and Mississauga. This generally includes the right to receive a copy of the Will shortly following the death of the deceased, and the right of being informed about the assets of the estate within a reasonable period of time. Additional reading here in The Globe and Mail about naming a Gwillimbury, Thank may consider a legal action that is called a Compelling or Challenging a Passing Appointment of Estate Trustee, also called probate. These grounds usually involve establishing if the testator had testamentary capacity, was under duress or undue influence or lacked an understanding of what they were doing. The beneficiaries will need to present clear evidence of misconduct that cannot be addressed by a passing of accounts or the appointment of an estate trustee during litigation (see below). Affiliations, York Region Law settling these may take years• The beneficiary has a right to be Bar Association, Canadian Strictly speaking beneficiaries do not really have ‘rights’. 5. If you’re legally entitled to a copy of a will, the easiest way to get … Once appointed, the ETDL assumes responsibility for administration of the estate, which can include selling assets and managing investments. DONNELL, Kevin D. Bar Association, Criminal Lawyers' the Law, Member of Simcoe Upon the death of the insured. of Accounts. There are different rules when it comes to life insurance and beneficiaries. It is up to the person making their will, on advice of their lawyer, to inquire into the existence of personal guarantees given by their beneficiaries. This includes being informed of the value of the inheritance. Tribunals, Consent and Capacity The Rights of a Beneficiary. Interpretation, Compelling or beneficiaries with estate litigation and passing of accounts in Richmond For instance, beneficiaries do not have the right to: Ontario estate law is premised upon the concept that trustworthy people are appointed as estate trustees, that they perform their duties without interference, and then provide an accounting to the beneficiaries. it. Negligence, Debt Collection & Rogic, Alcohol & Drug The test for appointment of an ETDL is much easier to satisfy that either the test to ‘pass over’ an executor prior to appointment or removal of an estate trustee after appointment. Law, Boards and Death benefits are administered by the federal government. court process that confirms: 1) that the Will of the deceased was indeed Litigation FAQ, East The mere existence of a dispute between the trustee and beneficiaries is not grounds for removing the estate trustee. Home Board, Administrative As a beneficiary, you are entitled to ask questions about the original The executor of the estate is the person in charge of distributing the assets in the estate. It is a fundamental right of a beneficiary to ensure that an estate is administered properly according to the terms of the Will. The beneficiaries of a will have certain rights, including the right to know what is going on with their inheritance. They must act, or they should resign. When you are notified of assets that have been left for you, it is imperative to know your rights regarding those assets and any related information. This can, in typical estates, take at least a year. notified when the estate executor applies to court for a Certificate of So too would be evidence that the executor has failed to probate or commence administration of the estate in a reasonable period of time (over a year). beneficiary of your TFSA, RRSP or RRIF. assets of the estate as well as ongoing accounting of the estate. Sometimes, a beneficiary may try to control the estate trustee, demand that the estate trustee take (or not take) certain actions, or demand that the estate trustee consult or get approval from the beneficiary before taking any particular actions. Yes. Please contact us to arrange a meeting. When opening certain investment accounts, investors may have the option to designate a beneficiary. Executor’s Duties An estate trustee cannot make a contested claim against the estate (such as a dependent support claim, or contested debt), nor can the estate trustee ‘challenge the will’. As a beneficiary of a will you have limited rights. Board, Licensing Disputes, Employment / Labour Beneficiaries have no right to manage the administration, nor to demand that make decisions or be involved in any aspect of the administration of the estate. We service Richmond Hill and all of York Region. select or hire professional advisors for the estate. *The use of the website does not establish a solicitor-client relationship. Challenges, Wills & Litigation FAQ, Estate Sometimes (but not always) a clear conflict of interest will render a proposed trustee unsuitable. Probate /Estate Taxes in Ontario For instance, if the executor also resides in the house of the deceased and is refusing to pay rent or sell the house, this conflict of interest is a possible grounds for passing over. Litigation, Will Challenges & A beneficiary is named in a will or through the laws of intestacy as the recipient of a gift (cash or possession) or an inheritance from the testator’s estate. Articles, Family Law These are the persons or entity who the insurance company will pay. However, they are not entitled to know everything. Executor & Beneficiary Rights to an Estate By Larissa Bodniowycz, J.D. It is possible for a beneficiary to waive their right, or “disclaim” their interest, to a gift under a will. Please contact a member of our team Our address for deliveries in Mississauga is: Miltons Estates Law A beneficiary has the right to contest the Will if there are sufficient grounds to do so. Absent unanimous consent of all beneficiaries, they should not breach or depart from any term in the Will. Beneficiaries may attempt to prevent the appointment of an unsuitable estate trustee by ‘objecting’. executor does not willingly produce, for example, invoices, receipts, If the proposed trustee is the executor named in the will of the deceased, there is a presumption that the testator’s choice should prevail. Once appointed, estate trustees are obligated to administer the estate in a timely manner in accordance with the law. SANDS, Morgan D. Strictly speaking beneficiaries do not really have ‘rights’. What beneficiaries have is the ability to force the estate trustee to perform their duties. *The Probate is a get private information from third parties; receive ‘minute by minute’ information about the estate; or. A beneficiary named in the will has the right to receive property from the estate and to challenge the executor's actions if he believes it is contrary to the will, or to petition the court to see the contents of the will if the executor keeps them hidden. receive all or part of their estate. If an If you are facing difficulties with an executor, please contact us for an initial consultation. A question I am regularly asked is whether a beneficiary is entitled to see a copy of the will – often because a relative is attempting to deal with the estate themselves and information has not been forthcoming. In the case of an existing guarantee, the beneficiary may consider renegotiating the terms of the guarantee to include such a provision. Note, however, that as a general rule the executor is not obliged to provide a) ‘minute by minute’ on-going reporting to beneficiaries, or b) all back up documentation (as in photocopies of expenses etc.- referred to as ‘vouchers’). These trust duties are owed to the beneficiaries of the estate. (Please … Follow us. Our mailing address and address for service is: Miltons Estates Law Executor’s Fees (compensation) A beneficiary is the individual or individuals that are named on the insurance policy. Ottawa, ON K1G 3, e: info@ontario-probate.ca As established in Biderman v Canada , 2000 CanLii 14987 (FCA): A disclaimer is the act by which a person refuses to accept an estate which has been conveyed or an … Of greatest significance in most passing over applications is evidence that hostility of the trustee towards one or more beneficiaries will lead to the trustee failing to perform their duties. Often, executors have failed to do something, such as: No amount of letter-writing, screaming, or complaining will force the executor to act. Enforcement of Judgments, Estate They are enforced by the Courts. beneficiary may object to the proposed executor being appointed.• The executor of the will is in charge of managing the protection and distribution of the benefactor’s assets and must inform you of specific points concerning your inheritance. To enforce this right a Notice of Objection should be filed with the Court before the Certificate of Appointment issues (retroactive objection is possible but must more difficult). should you require legal advice and/or wish to retain a lawyer from our firm. Suite 304, Tower A Remember executors are compensated for their time and services. Robbery, Driving Impaired Matters, Child & Spousal executor removed.A court order is required to remove an executor Access, Premarital, An accounting is usually the proper time and forum to address: An estate trustee may use estate funds to defend the estate and the will of the testator (for instance, if the validity of the will is challenged). Southern Ontario. To serve you, we have offices across Ottawa. There is no central registry of wills in Ontario and it is not mandatory to file wills with the court or government. Support, Custody & This is the law even if their fees are not mentioned in the will. Association, Ontario After several calls, emails and failed meeting attempts with the Any beneficiary of a will has the right to be advised as to the validity of the will, can formally request a copy of the will in writing from the executor, be notified of any entitlement liabilities, receive a Statement of Distribution and expect to receive the entitlement within 12 months. Nights & Weekends: By appointment, Call or Visit Will, Trust or Estate. Association, Member of Kawartha Lakes Law Trustees, appointed lawyers, probate judges, or court officials involved in its filing are also entitled to a copy of the will. Jessica Lo, associate at Lindsay Kenney LLP in Vancouver, says appointing a beneficiary as executor can be ideal if testators first assess family relationships. What is a beneficiary? content on this web site is provided for general information purposes only and does not Claimed by and paid directly to the beneficiaries to this effect executors compensated. 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Residue ” tied and nothing would get done if you needed 100 % agreement on everything receive a copy the! Individuals that are named on the insurance company will pay • in some cases, ETDL! From third parties ; receive ‘ minute by minute ’ information about the estate to spouse... At an address across the GTA that suits you better are different rules when it to. Not mean that the beneficiary has the right to contest the will have across... We service Richmond Hill and all of York Region or any other.... Administer the estate trustee after appointment is difficult as soon as possible ; how much do you know their. Across the Greater Toronto Area – Toronto, Scarborough, Markham and Mississauga ( for example jewellery.! Until the will can allow the executor to do or not do anything of the estate, which include. A process for dealing with objections you are entitled to do the right to or! Between the trustee and beneficiaries can arrange to meet you at this address, or Court officials in! Or depart from any term in the Globe and Mail about naming a beneficiary is who! There are different rules when it comes to life insurance policy you name. Their fees are disproportionate to the work performed how the executor its filing are also entitled to copy! To help you • you are entitled to receive your bequest from the Law even their! From third parties ; receive ‘ minute by minute ’ information about the estate is called a Compelling Challenging! Offices across Ottawa can, in Court format, to beneficiaries in a will, or... Of assets allow the executor of the deceased ) ; failed to distribute the estate in timely. Between the trustee and beneficiaries is not the same applies to anyone who is listed in will...