1. What Does Alberta Law Say?

2. How the Process Works

3. Common Mistakes

4. Costs and Considerations

5. When Should You Speak With an Estate Lawyer?

6. How Bridgestone Law Can Help

   
   

Introduction

Serving as an executor involves much more than collecting assets, paying debts, and distributing an estate. One of the most important responsibilities is communicating effectively with the beneficiaries. Clear, honest, and timely communication helps beneficiaries understand what is happening, reduces uncertainty, and can prevent many of the disputes that arise during estate administration.

Unfortunately, communication is also one of the areas where problems most commonly occur. Beneficiaries may become frustrated if they receive little or no information about the progress of the estate, while executors may feel overwhelmed by frequent questions or unrealistic expectations. Misunderstandings can quickly develop, even when the executor is carrying out their responsibilities properly.

Alberta law requires executors to act in the best interests of the estate and its beneficiaries. Although an executor is not expected to provide constant updates or obtain approval for every decision, beneficiaries are generally entitled to receive appropriate information about the administration of the estate and the progress being made.

Understanding what should be communicated, when updates should be provided, and how to manage expectations can help executors fulfil their legal responsibilities while maintaining positive relationships with the beneficiaries throughout the estate administration process.

What Does Alberta Law Say?

In Alberta, an executor has a legal duty to administer the estate honestly, diligently, and in the best interests of the beneficiaries. This responsibility extends beyond managing assets and paying debts, it also includes keeping beneficiaries appropriately informed throughout the estate administration process.

An executor is a fiduciary, meaning they must act with honesty, fairness, and good faith. Beneficiaries are entitled to expect that the executor will administer the estate transparently and provide information that allows them to understand how the administration is progressing.

That said, executors are not required to report every telephone call they make, seek approval before making routine decisions, or provide daily or weekly updates. Estate administration often involves waiting for responses from financial institutions, obtaining probate, selling property, filing tax returns, and receiving a Clearance Certificate from the Canada Revenue Agency. During these periods, there may be little meaningful progress to report.

Instead, communication should be reasonable, timely, and informative. Beneficiaries should generally receive updates when significant milestones occur or when important decisions affect the administration of the estate.

Examples of information that may be appropriate to share include:

• confirmation that the executor has accepted the appointment;

• whether probate is required and when an application has been filed;

• updates regarding the collection of estate assets;

• the sale or transfer of significant assets, such as real estate;

• anticipated timelines for completing the administration;

• delays caused by tax matters, litigation, or other unexpected issues; and

• when beneficiaries can reasonably expect distributions to be made.

Beneficiaries may also be entitled to receive additional information at various stages of the administration, including copies of the will in appropriate circumstances, estate accounting where required, and information relating to their interest in the estate.

Good communication benefits everyone involved. Beneficiaries are more likely to remain patient when they understand what is happening and why certain steps are taking time. Likewise, executors who communicate openly often reduce misunderstandings, minimize unnecessary conflict, and lessen the likelihood of disputes that could delay the administration of the estate.

Although every estate is different, one of the most effective ways for an executor to fulfil their legal responsibilities is to communicate clearly, honestly, and consistently from the beginning of the administration through to the final distribution.

How the Process Works

Step 1: Contact the Beneficiaries Early

One of the first responsibilities of an executor is to let the beneficiaries know that they have been appointed and that the estate administration has begun.

Making contact early helps establish trust and reassures beneficiaries that the estate is being managed. It also provides an opportunity to explain what the administration process generally involves and that settling an estate often takes a year or longer, depending on its complexity.

An initial communication should typically include:

• confirmation that you are acting as executor;

• an explanation of the general estate administration process;

• whether probate is expected to be required;

• an estimated timeline, if one can reasonably be provided;

• your preferred method of communication; and

• a reminder that unexpected delays can arise during the administration.

Setting realistic expectations at the outset often prevents misunderstandings later.

Step 2: Keep Beneficiaries Informed of Significant Milestones

Executors are not expected to provide constant updates, but beneficiaries should generally be informed as important stages of the administration are completed.

Examples of significant milestones include:

• obtaining the death certificate;

• filing or receiving the Grant of Probate;

• identifying and securing estate assets;

• listing or selling real estate;

• completing the inventory of estate assets and liabilities;

• paying significant debts;

• filing the deceased's final tax return;

• receiving the Canada Revenue Agency Clearance Certificate, where applicable; and

• preparing for the final distribution of the estate.

Even a brief email advising beneficiaries that a particular milestone has been reached can provide reassurance that the administration is progressing.

Step 3: Be Honest About Delays

Almost every estate encounters delays.

Financial institutions may require additional documentation, real estate may take longer than expected to sell, tax matters may remain outstanding, or beneficiaries themselves may delay responding to requests for information.

Rather than allowing beneficiaries to wonder why nothing appears to be happening, it is generally better to explain the reason for the delay and, if possible, provide an updated estimate of the next steps.

Beneficiaries are often far more understanding when they know why the administration has slowed.

Step 4: Keep Written Records of Your Communications

Executors should keep copies of important emails, letters, and other communications with beneficiaries.

Maintaining written records can help:

• demonstrate that beneficiaries were kept informed;

• confirm what information was provided;

• avoid misunderstandings about previous discussions;

• document important decisions; and

• provide evidence if questions or disputes arise later.

Good recordkeeping protects both the executor and the beneficiaries and forms part of good estate administration.

Step 5: Treat All Beneficiaries Fairly

Where there are multiple beneficiaries, communication should generally be consistent and impartial.

Executors should avoid providing detailed information to one beneficiary while leaving others uninformed. Similarly, personal relationships should not influence the amount or quality of communication provided.

Although certain beneficiaries may be entitled to different information depending on the terms of the will and the nature of their interest, the executor should strive to be fair, respectful, and transparent throughout the administration process.

Clear and consistent communication helps build confidence in the administration of the estate and reduces the likelihood of misunderstandings developing into disputes.

Practical Examples

Example One: Providing Regular Updates

James is administering his aunt's estate for four beneficiaries.

Rather than waiting until the estate is complete, he sends a short email every few months explaining what has been accomplished, what remains outstanding, and whether any delays have occurred.

Although the administration takes nearly eighteen months because of the sale of a rental property and outstanding tax matters, the beneficiaries remain informed throughout the process and appreciate knowing how the estate is progressing.

Example Two: Explaining an Unexpected Delay

Maria expects to distribute her father's estate within a year. However, the Canada Revenue Agency requests additional information before issuing the Clearance Certificate.

Maria promptly advises the beneficiaries of the delay, explains why the estate cannot yet be distributed, and provides periodic updates while waiting for the matter to be resolved.

Because everyone understands the reason for the delay, the beneficiaries remain supportive and unnecessary conflict is avoided.

Example Three: Poor Communication Creates Conflict

David accepts the role of executor but rarely responds to emails or telephone calls from the beneficiaries.

Nearly a year passes with very little information being provided. Although David has been working diligently to administer the estate, the beneficiaries begin to believe nothing is happening and become increasingly frustrated.

After consulting an estate lawyer, David begins providing regular written updates and copies of important documents where appropriate. Once communication improves, the beneficiaries gain confidence that the estate is being properly administered, and the relationship becomes much less adversarial.

Common Mistakes

Waiting Until Beneficiaries Ask for Information

One of the most common mistakes executors make is assuming that no news is good news.

While there may be periods where little progress is being made, beneficiaries often become concerned if months pass without any communication. A brief update explaining the current status of the estate can provide reassurance and help prevent unnecessary worry or frustration.

Being proactive with communication is almost always better than waiting for beneficiaries to repeatedly request information.

Providing Too Much or Too Little Information

Finding the right balance is important.

Some executors feel obligated to copy beneficiaries on every email or involve them in every decision. Others provide almost no information at all. Neither approach is ideal.

Beneficiaries should receive meaningful updates about the administration of the estate without being overwhelmed by routine administrative details. Good communication focuses on important developments, expected timelines, and significant decisions rather than every task completed during the administration.

Making Promises About Timelines

Executors often want to reassure beneficiaries by estimating when the estate will be completed.

However, unexpected issues frequently arise. Delays involving probate, the sale of real estate, tax matters, or financial institutions can significantly extend the administration process.

Rather than promising that distributions will occur by a specific date, it is generally better to provide realistic estimates while explaining that timelines may change depending on circumstances outside the executor's control.

Allowing Emotions to Influence Communication

Estate administration often occurs during a period of grief, and family relationships can be strained.

Even if a beneficiary becomes frustrated or critical, the executor should remain professional, respectful, and objective. Responding emotionally or refusing to communicate because of personal conflict often makes the situation worse.

Maintaining calm, consistent, and factual communication helps preserve trust and reduces the likelihood of disputes.

Failing to Keep Records

Executors should keep copies of important emails, letters, meeting notes, and other communications throughout the administration.

Detailed records can demonstrate that beneficiaries were kept informed, clarify what information was provided, and assist if disagreements arise later. Good documentation also helps the executor prepare their final accounting of the estate.

Costs and Considerations

Good communication generally costs very little, but it can save the estate significant time, expense, and conflict.

Simple updates provided throughout the administration may reduce the likelihood of misunderstandings, complaints, or legal disputes. In contrast, poor communication can lead to beneficiaries seeking legal advice, requesting formal estate accounts, or, in more serious cases, bringing applications before the Court.

Executors should also remember that communication takes time. Responding promptly to reasonable questions, maintaining organized records, and providing periodic updates should be viewed as part of the executor's overall responsibilities rather than an inconvenience.

Although every estate is different, clear communication is often one of the most effective ways to help the administration proceed smoothly and maintain positive relationships among the beneficiaries.

When Should You Speak With an Estate Lawyer?

Professional legal advice may be particularly valuable if:

• beneficiaries are requesting information you are unsure whether you should disclose;

• communication between the executor and beneficiaries has broken down;

• there are disagreements regarding the interpretation of the will;

• a beneficiary is threatening legal action;

• the estate is large or legally complex;

• multiple executors disagree about how information should be communicated;

• you are preparing formal estate accounts; or

• you are uncertain about your legal duties as executor.

An estate lawyer can explain your obligations, assist with difficult communications, and help ensure you are meeting your legal responsibilities while protecting both the estate and your interests as executor.

How Bridgestone Law Can Help

Effective communication is one of the hallmarks of good estate administration. Keeping beneficiaries appropriately informed helps build trust, manage expectations, and reduce the likelihood of misunderstandings or disputes. While executors are not expected to provide constant updates, clear and timely communication is an important part of fulfilling their legal responsibilities.

Bridgestone Law assists executors and beneficiaries throughout Calgary and Alberta with probate, estate administration, and estate disputes. Whether you are administering an estate, responding to concerns raised by beneficiaries, or simply want guidance on your responsibilities as an executor, our experienced estate lawyers can provide practical advice and help ensure the administration proceeds as smoothly and efficiently as possible.