Many executors assume that if they take no active steps in administering an estate, they cannot be criticized for how the estate is managed.
The law takes a different view.
An executor's responsibilities begin when they accept the role. Failing to act can be just as problematic as acting improperly. The Ontario Superior Court's decision in Lessard v. Culic et al., 2026 ONSC 1814 is a powerful reminder that estate trustees who fail to administer an estate, communicate with beneficiaries, or comply with court processes may face significant personal cost consequences.
The Background
The estate involved assets worth more than one million dollars, including real estate, investments, vehicles, cash, and personal property.
The deceased's stepdaughter was a residual beneficiary of the estate and became increasingly concerned about the lack of progress in the administration.
Nearly two years after the deceased's death, the estate trustee had:
- Not obtained probate;
- Not provided a meaningful accounting;
- Not adequately disclosed estate assets and liabilities;
- Not explained the delay in administration; and
- Not meaningfully responded to beneficiary inquiries.
As a result, the beneficiary was forced to bring a court application seeking the appointment of a neutral Estate Trustee During Litigation and other relief.
Estate Trustees Have an Obligation to Act
One of the most important lessons from the case is that estate trustees have a positive obligation to move estate administration forward.
The role is not passive.
Executors are expected to:
- Identify estate assets;
- Determine liabilities;
- Protect property;
- Communicate with beneficiaries;
- Pay debts and taxes;
- Obtain probate when required; and
- Administer the estate in a timely manner.
Allowing an estate to sit idle for years without explanation can itself become a significant problem.
Beneficiaries Are Entitled to Information
Many estate disputes begin because beneficiaries feel they are being kept in the dark.
An executor does not have to provide constant updates, but beneficiaries are generally entitled to reasonable information concerning:
- Estate assets;
- Estate liabilities;
- Administration progress;
- Distributions; and
- Significant decisions affecting the estate.
When requests for information are repeatedly ignored, courts often view the situation unfavourably.
Transparency is one of the most important responsibilities of an executor.
Inaction Can Become Expensive
The court concluded that the beneficiary had no reasonable alternative but to seek judicial intervention.
The application became necessary because of the estate trustee's refusal or failure to take appropriate administration steps.
Importantly, the court focused not only on the administration itself but also on how the trustee responded to the litigation once it had begun.
The estate trustee:
- Did not properly participate;
- Failed to comply with procedural requirements;
- Did not file materials as directed;
- Did not attend the hearing; and
- Did not provide meaningful explanations for these failures.
These factors played a significant role in the court's costs decision.
Estate Litigation Is Not Automatically Paid by the Estate
A common misconception is that legal costs arising from estate disputes are always paid by the estate.
That is not true.
Modern courts increasingly apply ordinary litigation principles.
Where estate litigation becomes necessary because of the conduct of a particular individual, courts may require that person to bear the financial consequences personally.
This is especially true where the conduct unnecessarily increases litigation costs or delays proper administration.
Fiduciaries Are Held to Higher Standards
The court emphasized that the estate trustee was acting in a fiduciary capacity.
Fiduciaries are expected to act with:
- Honesty;
- Diligence;
- Loyalty;
- Transparency; and
- Respect for their obligations.
Because estate trustees occupy positions of trust, courts often expect more from them than from ordinary litigants.
When fiduciaries fail to meet those obligations, courts may impose enhanced consequences.
Substantial Indemnity Costs Are Unusual
Canadian courts do not award substantial indemnity costs routinely.
Such awards are generally reserved for circumstances involving particularly problematic conduct.
In this case, the court concluded that elevated costs were appropriate because:
- The beneficiary should not have been forced to bring the application;
- The trustee's inaction delayed administration;
- Court processes were not respected; and
- The trustee failed to provide meaningful responses even during the costs phase of the dispute.
The result was a substantial costs award payable personally by the estate trustee rather than by the estate.
Personal Liability Is a Real Risk
One of the strongest messages from the decision is that estate trustees can face personal financial exposure.
Many executors focus on potential liability for mishandling money.
However, liability can also arise from:
- Delays;
- Non-responsiveness;
- Failure to provide information;
- Failure to comply with court orders; or
- Failure to fulfill basic administrative responsibilities.
Ignoring the administration process can be just as dangerous as making poor decisions.
When Should Beneficiaries Seek Court Assistance?
Beneficiaries do not need to immediately commence litigation every time concerns arise.
However, court intervention may become necessary where:
- Estate administration has stalled;
- Information is repeatedly withheld;
- Requests for updates go unanswered;
- Estate assets appear to be at risk; or
- The executor refuses to perform core responsibilities.
Early legal advice can often help determine whether intervention is appropriate.
Practical Lessons for Estate Trustees
Start the Administration Process Promptly
Delays should be explained and justified.
Communicate With Beneficiaries
Reasonable requests for information should not be ignored.
Follow Court Directions
Procedural obligations matter and failing to comply may have consequences.
Keep Complete Records
Thorough documentation protects both the estate and the executor.
Obtain Advice When Needed
Complex estates often require legal, accounting, or tax assistance.
The Bottom Line
Lessard v. Culic et al., 2026 ONSC 1814 demonstrates that estate trustees cannot simply ignore their responsibilities and hope problems resolve themselves. Beneficiaries are entitled to proper administration, reasonable disclosure, and meaningful progress.
When an executor's inaction forces a beneficiary to seek court involvement, personal cost consequences may follow. The decision serves as a reminder that accepting the role of executor means accepting the obligations that come with it.
How MerGen Law Can Help
At MerGen Law, we assist clients throughout Alberta with estate administration disputes, executor obligations, beneficiary rights, accounting applications, Estate Trustee During Litigation applications, fiduciary duty issues, and estate litigation. Whether you are an executor seeking guidance or a beneficiary concerned about delays and lack of information, we are here to help.
This article is intended for informational purposes only and does not constitute legal advice. Individuals facing concerns about elder abuse should seek professional advice tailored to their specific circumstances.