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Wills & Estates

What can a beneficiary do if one co-executor is cooperating and the other is stonewalling?

TSL Written by the Treadstone Law team· Updated August 2026

A beneficiary facing one cooperative and one stonewalling co-executor has more than one option, and doesn't need to treat both trustees the same way. Working with the cooperative co-executor to document the estate's status, requested information, and specific decisions being blocked can create a clear record showing exactly where the problem lies — which matters a lot if things eventually go to court.

From there, options include applying to the court for directions on the specific issue being blocked, which can sometimes move things forward without a full-blown removal fight, or, where the stonewalling is serious and ongoing, applying specifically to remove the uncooperative co-executor while leaving the cooperating one in place to continue administering the estate. Courts do look at each named trustee's individual conduct rather than treating co-executors as a single unit, so one trustee's stonewalling doesn't automatically put the cooperating one at risk.

Because framing this the right way — targeting the actual problem rather than the whole executorship — usually gets a better result, beneficiaries in this situation benefit from getting legal advice on whether a narrower application for directions or a more direct removal application against the stonewalling co-executor fits the facts better.

Key takeaways

  • Courts assess each co-executor's conduct individually rather than as a single unit.
  • Documenting specific blocked decisions strengthens any later court application.
  • An application for directions can sometimes resolve a specific issue without a removal fight.
  • Removal can be sought against just the stonewalling co-executor, leaving the cooperative one in place.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
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