What happens if co-executors cannot agree on a decision in Ontario?
When two or more co-executors are appointed, Ontario law generally requires them to act unanimously unless the will specifically says otherwise. A majority decision is not enough — all executors must agree on material steps such as selling property, paying a claim, or making a distribution.
When co-executors reach a deadlock and cannot agree, the options are limited. One or both co-executors can apply to the court for directions — essentially asking a judge to resolve the dispute. The court can also remove an executor who is obstructing the administration without good reason or who is not acting in the beneficiaries' best interests.
In practice, co-executor disputes can cause significant delays and cost the estate in legal fees. Anyone planning a will should think carefully before naming co-executors who might have conflicting interests or poor working relationships. If co-executors are named because the testator wants checks and balances, it is wise to include a tie-breaking mechanism in the will or to name one person with final authority on specific decisions.
Key takeaways
- Co-executors generally must act unanimously on major decisions in Ontario.
- A deadlock can be resolved by a court application for directions.
- Courts can remove a co-executor who obstructs the administration without justification.
- Consider whether co-executors will work well together before naming them in a will.