Few situations create as much frustration in estate matters as an executor who simply stops responding. Phone calls go unanswered. Emails are ignored. Months pass with no updates, no information, and no sense of progress.
For beneficiaries, silence often feels worse than a clear delay. It raises questions about whether the estate is being mishandled, whether assets are at risk, or whether something improper is happening behind the scenes.
Ontario law does not allow an executor to disappear indefinitely. Beneficiaries have rights, and there are clear steps that can be taken when communication breaks down.
An Executor’s Duty to Communicate
Executors are not required to provide constant updates, but they are required to administer the estate transparently and in good faith. That includes responding to reasonable requests for information and keeping beneficiaries informed about the progress of the estate.
An executor who fails to communicate at all, without explanation, may be failing to meet their obligations even if the estate work itself is ongoing.
Silence alone does not automatically mean misconduct, but prolonged silence is often a warning sign.
First Step: Confirm Whether the Delay Is Reasonable
Before escalating the issue, it is important to consider whether there may be legitimate reasons for the lack of response, such as:
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Probate delays
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Waiting on tax information or CRA clearance
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Difficulty locating assets
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Health issues affecting the executor
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Legal advice to pause communication during a dispute
That said, even when delays are justified, complete non-communication is rarely appropriate.
Making a Formal Request for Information
If informal emails or calls are ignored, beneficiaries can take a more structured approach. A written request asking for:
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Confirmation of the executor’s appointment
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The current status of the estate
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Outstanding steps before distribution
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An expected timeline
can clarify whether the executor is simply overwhelmed or actively disengaged.
Written communication also creates a record, which becomes important if court involvement is later required.
Requesting an Accounting
Beneficiaries in Ontario are generally entitled to an accounting of the estate’s administration. If an executor is unresponsive, a request for a formal accounting can be an effective next step.
An accounting requires the executor to disclose:
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Assets collected
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Expenses paid
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Transactions made
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Current balances
Executors who have maintained proper records should be able to comply. Those who have not may struggle, which can further raise concerns.
When Silence Becomes a Legal Issue
If an executor continues to ignore reasonable requests, beneficiaries may need to consider court options. These can include:
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An application compelling the executor to pass their accounts
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A court order requiring the executor to provide information
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In more serious cases, an application to suspend or remove the executor
Ontario courts do not intervene lightly. However, persistent non-communication combined with delay or poor administration can justify court involvement.
The Risk to Executors
Executors sometimes believe that avoiding communication protects them. In reality, silence often creates greater risk.
Courts expect executors to act openly and responsibly. Failure to communicate can lead to increased scrutiny, personal liability, or loss of compensation. In some cases, silence becomes the very reason an executor is removed.
Special Considerations in Elder Law and Capacity Matters
Non-responsiveness may also raise questions about the executor’s capacity or ability to act. In elder-law contexts, concerns may arise if:
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The executor is elderly or unwell
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Cognitive decline is suspected
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Another person appears to be influencing the executor
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Estate funds are being managed informally or without oversight
In these situations, additional legal tools may be available to protect both the estate and the beneficiaries.
A Practical Perspective
Most estate disputes do not start with bad intentions. They start with confusion, stress, and silence. Executors who communicate openly often avoid conflict even when delays are unavoidable. Beneficiaries who understand their rights can address problems before they escalate.
Ontario law provides mechanisms to restore transparency and accountability when communication breaks down. Knowing when and how to use those mechanisms can make the difference between a manageable estate administration and a prolonged dispute.