The Executor of My Parent’s Estate Is Refusing to Give Me Information. What Are My Rights?

This is one of the most common questions I get from beneficiaries navigating estate administration in BC. Whether you are facing silence, delays, or outright refusals from an executor, understanding your legal rights is the essential first step.

The short answer? Yes, you have rights. Strong ones. And BC courts have not hesitated to enforce them.

Quick Overview

• Executors in BC are fiduciaries, meaning that they are legally obligated to act in your best interests
• As a beneficiary, you have a proprietary right to trust documents and financial records
• Executors who withhold information are risking court orders, removal, and personal liability
• BC courts have intervened decisively in cases involving silence, hostility, and financial misconduct
• You do not need to justify why you want information, the executor must justify why they are withholding it

What Is a Fiduciary? And Why Does It Matter?

In BC, executors and trustees occupy one of the most demanding roles in private law: that of a fiduciary. A fiduciary is someone who holds a position of trust over another person’s property or interests and is legally obligated to act in that person’s best interests, not their own.

In estate administration, this means an executor must:

• Administer the estate with undivided loyalty to beneficiaries
• Avoid conflicts of interest
• Account fully and honestly for every decision made with estate assets

These obligations are grounded in the Trustee Act, R.S.B.C. 1996, c. 464 and the Wills, Estates and Succession Act (WESA), S.B.C. 2009, c. 13.

The fiduciary relationship is not aspirational. It is enforceable. When an executor falls short, you have concrete legal remedies.

Your Right to Information as a Beneficiary

Here is something that surprises many people: your right to information does not flow from being polite or persistent. It flows from the fiduciary relationship itself.

Because an executor holds estate property on behalf of beneficiaries, trust documents are considered the beneficiary’s own documents. The onus is not on you to justify why you want access. It falls on the executor to demonstrate why disclosure should be withheld.

This was confirmed in Yurkiw Estate (Re), 2024 BCSC 2283, where the court affirmed that beneficiaries hold a proprietary right to trust documents and that any exception to disclosure must be justified by the executor.

In Vince v Vince, 2018 BCSC 1044, the court held that an executor’s fiduciary duty includes the obligation to voluntarily provide beneficiaries with regular accounts and a full explanation of all dealings with trust property. The court was clear: a failure to provide this information is not a minor administrative lapse. It is a breach of the fiduciary relationship that can legitimately alarm beneficiaries and justify court intervention.

What Records Must an Executor Disclose?

The scope of required disclosure is broad. It includes:

• Financial records, which includes accounting records, bank statements, investment details, disbursements, and records of sales or other transactions
• An inventory of estate assets and liabilities
• Correspondence related to estate administration, including communications with advisors, property managers, or other third parties
• Professional fees and expenses which includes retainer agreements with lawyers or accountants, and detailed information about all legal fees paid from the estate (Barbieri Estate v White, 2023 BCSC 1176)
• Legal opinions or advice that directly affect beneficiaries’ interests, subject to any applicable solicitor-client privilege
• Interim financial summaries or accounts, even before a formal passing of accounts

Where a trustee holds multiple roles and conducts financial transactions between various entities, their fiduciary obligations may extend to sharing information across all of those entities with beneficiaries, as confirmed in Miles v Vince, 2011 BCSC 1706.

When an Executor Refuses: What the Courts Have Said

When an executor refuses to provide information, it often signals a breakdown in the fiduciary relationship. It can also quickly become expensive for them.

In Mulder Estate (Re), 2022 BCSC 406, the court found that an executor’s refusal to disclose pre-death financial records, particularly where the executor was also a beneficiary with a history of receiving loans or gifts from the deceased, was inconsistent with their fiduciary duty. That refusal led to expensive legal proceedings that could have been avoided.

In Vince v Vince, 2018 BCSC 1044, the court identified failure to account for significant transactions as a serious breach of fiduciary duty, particularly where those transactions were not clearly connected to the trust.

Hostility makes it worse. In Mahal v Mahal, 2024 BCSC 1934, the court found that an executor’s failure to provide information combined with demonstrated hostility toward a beneficiary justified court intervention, and ultimately, the executor’s removal.

What Happens to Executors Who Withhold Information?

The consequences can be severe and wide-ranging. Here is an overview:

Frequently Asked Questions

• Does an executor have to provide information to beneficiaries in BC?
  Yes. Under BC law, executors have a fiduciary duty to provide beneficiaries with regular accounts and full disclosure of estate dealings. Beneficiaries have a proprietary right to trust documents and the executor must justify any reason to withhold information.
• What can I do if an executor refuses to give me information?
  You can apply to the BC Supreme Court for an order compelling disclosure. If the court finds the executor has breached their fiduciary duty, it can also remove the executor, award costs against them personally, and in serious cases, order them to pay damages out of their own pocket.
• What records must an executor disclose to beneficiaries?
  An executor in BC must disclose financial records, estate inventories, correspondence related to administration, professional fees and retainer agreements, interim accounts, and legal opinions that affect beneficiaries’ interests.
• Can an executor be removed for withholding information?
  Yes. BC courts have removed executors for withholding information, particularly where that refusal was combined with hostility toward beneficiaries or a conflict of interest (see Mahal v Mahal, 2024 BCSC 1934).

The Bottom Line

BC courts are prepared to intervene when executors fail to uphold their fiduciary obligations.

As a beneficiary, you can compel an executor to disclose financial information. Courts have the tools to make it happen. Executors who withhold information or act in their own interests do so at significant legal and financial risk.

Whether you are a beneficiary facing resistance, or an executor who wants to understand the full scope of your obligations, our estate litigation lawyers are here to help.

Call us at 604-974-9529 or get in touch.