What can an executor do when beneficiaries are fighting over the estate in Ontario?
An executor's job is to administer the estate according to the will, not to take sides in disputes between beneficiaries. When beneficiaries are fighting — over the validity of the will, the value of specific assets, or the fairness of the distribution — the executor's duty is to remain neutral while still moving the administration forward.
If a beneficiary challenges the validity of the will, the executor should seek legal advice immediately. Depending on the nature of the challenge, the executor may need to apply to the court for directions before distributing anything.
For disputes about the value of assets, the executor can obtain independent appraisals and follow them. If beneficiaries dispute the executor's decisions or accounting, a formal passing of accounts through the court provides an impartial resolution process. In cases where disputes escalate and the executor genuinely cannot proceed without court guidance, an application for directions is the appropriate step.
The executor should avoid making decisions that appear to take one beneficiary's side and should document all decisions and the reasoning behind them throughout the dispute.
Key takeaways
- An executor must remain neutral in disputes between beneficiaries.
- Apply to the court for directions when disputes prevent the estate from being administered.
- Obtain independent appraisals when asset values are contested.
- Document all decisions carefully — this is especially important when disputes are ongoing.