What to do next
Ask in writing for specific information
The will, an inventory of assets and liabilities, and a statement of what has been done and what remains. A general complaint is easy to deflect; a specific written request establishes the record and starts the clock.
Identify what is actually wrong
Unreasonable delay, failure to account, selling estate property below value or to a connected party, taking compensation without approval, favouring one beneficiary, or mixing estate and personal funds. These are different problems with different remedies.
Compel a passing of accounts
Beneficiaries can require a formal court accounting of receipts, disbursements and compensation. It is often the most effective single step, because it puts the executor's conduct before a judge without requiring removal.
Consider removal only where the threshold is met
Courts remove trustees where conduct endangers the estate, not for personality conflict. A well-documented pattern of failure to account or self-dealing is what supports removal.
Protect estate assets urgently if needed
Where property may be sold or funds dissipated, an order staying distribution or preserving assets may be available - but promptly, and on evidence.
Frequently asked questions
Am I entitled to see the will and the accounts?
Beneficiaries are generally entitled to the will and to an accounting of the administration. Persistent refusal is itself a ground for court intervention.
The executor is taking years - is that misconduct?
Not automatically. Estates with property, tax clearance or litigation legitimately take time. Unexplained delay coupled with refusal to inform is a different matter.
Can the executor pay themselves?
Executor compensation is permitted but must be reasonable and is subject to court approval on a passing of accounts. Taking it unilaterally is commonly challenged.
Which court hears this?
The superior court of the province - the Cour superieure in Quebec, the Superior Court of Justice in Ontario, which runs an Estates List in Toronto.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.