TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Wills & Estates/Can a beneficiary apply to…
Wills & Estates

Can a beneficiary apply to court to remove one of two deadlocked co-executors in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

Yes, a beneficiary can apply to the Superior Court to remove one of two deadlocked co-executors, though removal is treated as a significant step rather than a routine fix for disagreement between trustees. The beneficiary generally needs to show the deadlock is actually harming the estate — assets sitting idle, bills going unpaid, decisions stalled indefinitely — rather than simply that the two trustees don't get along.

Courts weigh removal carefully because it interferes with the testator's choice of who should administer their estate. A judge will look at how serious and persistent the deadlock is, whether one trustee is the one genuinely causing the problem, and whether a less drastic option — like an application for directions on the specific disputed point, or appointing a neutral third trustee to help move things along — could resolve things without removing anyone.

Because these applications require solid evidence of the deadlock's impact and the specific conduct at issue, beneficiaries considering this route should keep a clear record of the stalled decisions, the requests made, and the responses, or lack of them, before filing, and get legal advice on whether removal or a lesser remedy is the better fit.

Key takeaways

  • Removal applications require showing real harm to the estate, not just personality conflict.
  • Courts weigh removal carefully because it overrides the testator's choice of trustee.
  • Less drastic remedies, like directions or an added trustee, are often considered first.
  • Documenting stalled decisions and unanswered requests strengthens a removal application.
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.
Was this helpful?Share:

Go deeper

Still have questions?

Search 6,000 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →