What Happens When Co-Executors Disagree in Alberta?
This answer covers the law of Alberta.
Co-executors in Alberta must generally act unanimously, so a majority vote is not enough on its own. Under s. 37 of the Estate Administration Act, co-personal representatives must act unanimously unless the will or the Court orders otherwise. After a grant issues, only the personal representative named in it may act for the estate until the grant is revoked or the representative is discharged.
If you are deadlocked, the Court can help. A personal representative or a person interested in the estate may apply to the court for directions at any time, and a personal representative may ask for advice or direction on any question about managing or administering the estate; acting on that direction discharges the duty, unless it was obtained by fraud, concealment or misrepresentation. If a personal representative fails, on application, to give required notice or perform duties, the Court may order compliance, impose conditions, remove the personal representative, revoke a grant or make other orders.
Whether the will changes the unanimity rule, and what the Court would direct about a sale or distribution, depends on the facts. A lawyer can confirm your options before the disagreement hardens.
Key takeaways
- Co-personal representatives must act unanimously unless the will or the Court orders otherwise.
- A personal representative or a person interested in the estate may apply to the court for directions at any time.
- A personal representative who acts on court direction is discharged of the duty, unless the direction was obtained by fraud, concealment or misrepresentation.
- On application, the Court may order compliance, impose conditions, remove a personal representative or revoke a grant.