Passing of Accounts - What is it?
What is a “passing of accounts” and what does it entail?
A “Passing of Accounts” is usually the last step of the Estate process. It is technically a formal court process where the Judge approves the accounting of the Personal Representative. There are ways it can be done informally. The Personal Representative may be an executor, administrator, or trustee. The Passing of Accounts process can also be done informally by the consent of all the beneficiaries. It must be noted that if a beneficiary is a minor or is incapable, the Passing of Accounts must go before the Court. This is because these are persons who cannot legally consent to the approval of the accounts and therefore a court order is necessary.
Who is required to “pass their accounts”
All personal representatives have a duty to account to persons with a beneficial interest in the Estate. It is very important for personal representatives to keep detailed records and be ready to account at any given moment. The records will also be useful later if the matter goes to Court. In particular, the common law has identified which accounts the executor must provide. These include: (a) an account showing of what the original estate consisted, (b) an account of all monies received, and (c) an account of all monies remaining on hand (Bernard v Wist, 2011 BCSC 101)
When is it required?
In most cases, the Court does not need to be involved if the adult/capable beneficiaries approve and consent to the accounts of the Estate. However, where the beneficiaries cannot agree, a formal Passing of Accounts before a judge in court is usually certain. Beneficiaries may be unhappy with a gift being claimed by a trustee, expenses made from the Estate or Trust, or with alleged deficiencies in the accounting. The common law has established that “the function of the court is to determine whether the executor has exercised his [or her] duties under the will properly and in accordance with the law.” (Re: Estate of Fannie Cleverley, 2000 BCSC 1454).
What is the benefit of “passing your accounts”
In the situation where the matter is taken to Court, it is typically recommended for the Personal Representative to voluntarily submit their accounts to the Court by making an application for the formal passing of their accounts. If the Court approves the accounts, the Personal Representative will be released of any liability related to the accounts.
The Court process also allows the Personal Representative to claim his or her compensation if the beneficiaries are refusing to consent. The amount of remuneration that a personal representative is entitled to is often a subject of dispute. If the Will does not provide a quantity of payment for the personal representative or the parties have not previously agreed upon a number, the personal representative may claim a reasonable allowance that does not exceed 5% of the total value of the capital and income of the Estate. The payment is intended to compensate the personal representative for their work and time spent carrying out their accounting and administrative duties.
Our lawyers can help a Personal Representative with their duties or with the process of a “passing of accounts”.
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© Albert & Co. Law LLP. The contents of this article do not constitute legal advice. Readers should seek legal advice in relation to their own specific circumstances.