Passing of Accounts in Ontario

Are you a beneficiary or other interested person who has received estate accounts containing unexplained transactions, excessive compensation, missing assets, unauthorized expenses, or distributions that do not appear to comply with the will? Are you concerned about how an estate trustee, attorney for property, guardian of property, or other fiduciary has managed another person’s money or property? Or are you a fiduciary seeking court approval of your accounts or responding to objections? A passing of accounts dispute can affect estate distributions, fiduciary compensation, the recovery of losses, and the time and cost required to complete an estate or property administration.

What a passing of accounts requires

A passing of accounts requires the fiduciary to disclose the property received, money collected and spent, investments made, compensation claimed, and distributions or other transactions completed during the accounting period.

Issues a passing of accounts dispute may involve

A dispute may involve:

missing or improperly valued assets
unauthorized payments or transfers
unreasonable expenses
investment losses
inadequate records
delayed administration
disputed legal fees
compensation claimed by the fiduciary

Objections and relief

Depending on the circumstances, interested parties may object to particular transactions or seek repayment, reduced compensation, further disclosure, or other relief, while the fiduciary may ask the court to approve the accounts and the administration reflected in them.

How Zel Law can help

If you are considering objecting to accounts, seeking an accounting, applying to pass accounts, or responding to objections, speaking with an estates and capacity litigation lawyer early can help you assess the records, the disputed transactions, and the most appropriate procedure. Zel Law’s litigation lawyer has experience with passing of accounts disputes involving estate administration, fiduciary compensation, expenditures, distributions, and the management of another person’s property. Book a consultation to discuss the accounts, will or power of attorney, financial records, invoices, supporting documents, correspondence, and the legal options that may apply.

Related disputes

This is part of Zel Law’s estate litigation practice in Ontario. For how fees work, see our flat-fee options.