Can a court appoint an independent third party to break a deadlock between co-executors in Ontario?
Yes. Where co-executors are genuinely stuck and can't move the estate forward, a court can appoint an independent third party — sometimes a lawyer, trust company, or other neutral professional — as an additional or replacement trustee to help break the impasse. This doesn't necessarily mean removing either of the original executors; sometimes adding a neutral tie-breaker is enough to get decisions made again.
Courts generally consider this option when the deadlock is real and ongoing, rather than a single disagreement that could be resolved another way, and when it looks like the existing trustees genuinely can't work together going forward. An independent trustee can also be a practical solution where both co-executors have a personal stake in the disputed issue, so neither one is well positioned to make the call impartially.
Because bringing in a third party changes the estate's compensation costs — an additional trustee is generally entitled to their own fair and reasonable allowance for the work involved — beneficiaries and the existing executors should weigh whether this route, versus removal or a narrower application for directions, best fits the specific deadlock before asking the court to go this route.
Key takeaways
- A neutral third-party trustee can be added without removing either original co-executor.
- This option suits ongoing, genuine deadlocks rather than one-off disagreements.
- It can help where both co-executors have a personal stake in the disputed decision.
- Adding a trustee adds its own compensation cost, which is a factor worth weighing first.