Can a beneficiary sue an executor in Canada?
Asked by: Twila Nolan | Last update: August 7, 2025Score: 4.1/5 (36 votes)
Yes, it is possible to sue an executor of a will in Canada under certain circumstances.
Do all beneficiaries have to agree to sue an executor?
If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
Can a beneficiary challenge an executor?
Unlike executors, beneficiaries can petition the court to have the executor removed if they are acting improperly or breaching their fiduciary duties. Beneficiaries can also petition the court to surcharge the executor if any of their actions financially harmed the estate. A probate lawyer can assist with this process.
Can an executor be held personally liable?
Unfortunately, the answer to this question is yes, an executor can be held liable. If you have an attorney, ensure that they are a qualified probate attorney. There are many things an Independent Executor should know in order to make sure they fulfill their position properly.
Can an executor withhold money from a beneficiary in Canada?
However, an executor cannot withhold money simply at their own discretion or for personal reasons. Executors have a fiduciary duty to act in the best interests of the estate and its beneficiaries, so any withholding must be justifiable and transparent.
What an Executor Can and Cannot Do
Can executor screw over beneficiary?
No, an executor cannot override or modify the terms of a will, with few exceptions. In fact, as fiduciaries to the estate beneficiaries, executors are legally required to abide by the will throughout the probate process, including the distribution of assets to the named beneficiaries of the will.
What if the executor stole my inheritance?
If you or the estate has suffered financial loss due to the executor's conduct, then a civil claim for breach of trust can be made against them for redress. In some circumstances an application to the court to remove the executor can also be made.
Who holds an executor accountable?
Executors who violate their duty may face legal action by beneficiaries or creditors, although they cannot be held accountable for a decline in asset value unless it resulted from their unreasonable actions.
Can a beneficiary sue another beneficiary?
Estate beneficiaries who do bring an action against another beneficiary, heir, personal representative or third party can seek to have the alleged offender pay for the property or return it, and potentially seek punitive damages if the harm to property was substantial.
How to prove executor misconduct?
Proving Executor Misconduct
Here is how you gather the evidence to build your case: Pull the bank statements, transaction records, and communication logs. Let the evidence speak for itself. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions.
Can a beneficiary harass an executor?
If beneficiaries are persistently approaching the executor for information, it may seem like harassment to the executor, but from the perspective of the law, it is not. Beneficiaries have a right to seek information from the executor, even if this right interferes with the executor's peace.
Who has more power, a beneficiary or executor?
The root of a potential executor conflict of interest lies in the role itself. Since the executor has power over an estate, and beneficiaries stand to receive inheritances from the estate, it's easy to see why beneficiaries may not be comfortable with the arrangement.
How can a beneficiary lose their inheritance?
If a will or trust contest is brought with the intention of removing a beneficiary, and it is proven that the beneficiary did in fact engage in misconduct to have the decedent drastically alter their estate plan, the beneficiary not only may lose their inheritance but they may also be responsible for covering the ...
Can an executor evict a beneficiary?
In general, the steps to this process are: The trustee must send a written notice to the beneficiary to vacate the real property. Under California law, if the beneficiary has been in possession of the property for less than a year, then a 30-day notice is sufficient.
What if the executor of a will cheats?
Claimants can file for 'breach of fiduciary duty', in order to recover misappropriated assets. Claim for Removal of Executor: Petitioning the court to remove the executor may be necessary. This claim becomes potent with evidence of serious misconduct that hampers estate administration.
Can someone sue you for your inheritance?
In California, intentionally interfering with another person's expected inheritance is a tort (a civil wrong, which allows a person to sue another person in court, assuming the elements are met).
Can a beneficiary contest the executor?
An heir or beneficiary who thinks the executor is not doing as the will directs or is not acting in the interest of the estate has the right to appeal to the probate court.
How do you deal with an uncooperative beneficiary?
Often in circumstances where there are missing or uncooperative beneficiaries, the most appropriate course of action will be to apply to court for an order that the trust fund is paid to court or to some other relevant party (such as another beneficiary of the trust).
Can an executor decide who gets what?
To this end, executors are prohibited from altering the deceased's will. When it comes time to distribute assets to named beneficiaries, they may not change, override or ignore the will. Executors of estates are also discouraged from distributing assets to beneficiaries before the estate has been appropriately taxed.
Who can sue an executor?
How Can Heirs and Beneficiaries Get Their Rightful Assets Back? If an executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
What does an executor have to disclose to beneficiaries in Canada?
The key responsibility an executor has when it comes to beneficiaries is to notify everyone who has an interest in the estate, and let them know what, if anything, is set out for them in the will. Beneficiaries are essentially entitled to make sure that the estate is being administered properly according to the will.
Can the executor take all the money?
No. An executor of a will cannot take everything unless they are the will's sole beneficiary. An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary. Serving as an executor only entitles someone to receive an executor fee.
What is inheritance hijacking?
Due to community property laws, spouses of deceased individuals are entitled to part of the estate under California law. Unscrupulous individuals may attempt to marry someone under false pretenses to steal an inheritance from someone else. They may marry a wealthy individual to benefit from their passing financially.
What can I do if an executor steals money in Canada?
Beneficiaries must act quickly if they believe a personal representative is stealing from estate. Once the money is gone, it's gone. Yes, you can take the executor to court and possibly even have him or her charged with theft.
Can I sue my sister for stealing my inheritance?
The California Probate Code allows for victims of inheritance theft to pursue double damages, treble damages, punitive damages, disinheritance of the thief, attorney's fees, and costs in particularly egregious circumstances, so often a letter that explains the potential consequences will be sufficient to convince your ...