What happens if there are two executors who disagree in Ontario?
If co-executors cannot agree, they can apply to the court without starting an action for its opinion, advice or direction on managing the estate. A trustee who follows that direction is treated as having discharged their duty, unless there was fraud, wilful concealment or misrepresentation. How decisions are made between co-executors depends partly on what the will says, so a lawyer can confirm how it applies to you.
Other routes exist. Any person who appears to have a financial interest in an estate may apply to court for directions, and the court may set the issues to be decided and may appoint an estate trustee during litigation. The Superior Court of Justice may remove an estate trustee on any ground on which it may remove any other trustee, and appoint another proper person in their place.
Where joint powers are given to two or more trustees, they may be exercised by the survivor or survivors of them for the time being. A trustee who acted honestly and reasonably may be relieved from personal liability for a breach of trust if they ought fairly to be excused. Disputes over selling a house or distributing assets are often easier to resolve early, before costs build.
Key takeaways
- Co-executors who disagree can apply to the court without starting an action for its opinion, advice or direction.
- A trustee who follows the court's direction is treated as having discharged their duty, unless there was fraud, wilful concealment or misrepresentation.
- A person with a financial interest can apply for directions, and the court may appoint an estate trustee during litigation.
- The Superior Court of Justice may remove an estate trustee and appoint another proper person in their place.