Passing of Accounts
This involves a court review of an executor’s (or other fiduciary’s) accounts. In Ontario, there is no general duty to pass accounts, but the court may require it in specific situations.
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Accounts are passed as filed;
Amended by court order and then passed; or
Not passed if the court is unsatisfied with the accounts or aspects of administration.
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Estate trustees, trustees of trusts, attorneys under powers of attorney, and guardians for incapable persons or minors.
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Executors must maintain complete ledgers of all assets, income, and disbursements, including legal/professional fees and trustee compensation.
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A beneficiary may seek a court order compelling a passing of accounts if the executor refuses. Beneficiaries can review and object before the hearing.
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Minor or mentally incapable beneficiaries;
Unascertained or contingent beneficiaries;
Disputes over executor conduct, compensation, or accounting.
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Court-format estate accounts;
Executor’s sworn affidavit verifying the accounts;
Certificate of Appointment (if applicable);
Notice of Application to Pass Accounts.
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Generally treated as an estate administration expense. The court may order costs personally against the executor only in cases of poor or suspicious conduct.
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Account for the date-of-death assets, all receipts, and all disbursements (including compensation and court-ordered payments). Executors are not required to account for non-estate, inter vivos transfers.
Why Choose Haider Khan Legal?
We assist estate trustees with preparing and presenting formal accounts for court approval and advise beneficiaries responding to those accounts. Our office organizes the financial record, addresses compensation and distributions, and helps navigate objections and procedural requirements.
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