- Anyone with a financial interest in an estate can apply or move for the court's directions when trustees are stuck.
- The Superior Court of Justice may remove a personal representative and appoint a replacement.
- An interested person can also ask the court to require the trustees to pass their accounts.
Many wills name two or more people to administer the estate, often siblings. That works well until they disagree about selling the house, paying a bill, or how long the process is taking. Then the estate can stall while costs and tension grow.
This article walks through what Ontario's rules offer when co-trustees are deadlocked. How much each trustee may do alone depends on the wording of the will and the facts, so a lawyer should confirm that point before anyone acts on their own.
Why deadlock happens
Co-trustees share one job. They hold the estate for the people entitled to it, and the estate's property is held in trust for them, subject to the payment of debts. Disagreements usually come from differing views on timing, valuation, who lives in or sells the home, or how much to be paid for the work.
Whether one trustee can act without the other, and whether the will sets out a way to break ties, depends on the will and the circumstances. Do not assume either answer. Get advice before signing documents or moving money alone.
Step one: ask the court for directions
Under Rule 75.06, any person with a financial interest in an estate may apply for directions (Form 75.5) or move for directions (Form 75.6). That includes a beneficiary who is frustrated by the delay. Whether a trustee can use the same route in your situation is worth confirming with a lawyer.
Directions are a way to put a specific question to a judge, such as whether a sale should go ahead, rather than fighting about it. It can be a more measured step than asking for a trustee to be removed.
If you are a beneficiary who wants to stay informed, a person with a financial interest may file a request for notice (Form 74P) at any time before a certificate is issued. It expires three years after filing and can be renewed.
Other court options
| Option | What it does | Source |
|---|---|---|
| Directions | Court answers a question the trustees cannot settle | Rule 75.06 |
| Passing of accounts | Court reviews how the estate has been run | Estates Act s. 50(1), Rule 74.15(1)(h) |
| Removal and replacement | Court removes a personal representative and may appoint new trustees | Trustee Act ss. 37, 5 |
| Fixing compensation | Judge decides a fair allowance for the trustee's time | Trustee Act ss. 61, 23(2) |
Under the Trustee Act, the Superior Court of Justice may remove a personal representative on any ground that would justify removing another trustee, and may appoint new or replacement trustees. Removal is a serious step and a court will want a real reason, so it is usually not the first move.
Sometimes the problem is that one person named in the will does not want the role. Ontario guidance says a person named in a will does not have to act as estate trustee. A renunciation is made on Form 74G (Part A), and an executor who renounces probate loses all rights as executor. Whether that is still open to someone who has already started acting depends on the facts, so confirm it with a lawyer first.
If a named executor simply will not decide, anyone with a financial interest may move for an order requiring that person to accept or refuse appointment as estate trustee.
Passing of accounts
An executor or administrator does not have to account to the court except by inventory, unless a person interested in the estate or a creditor requires it. Under Rule 74.15(1)(h), an interested person may move for an order requiring the estate trustee to pass accounts.
On a passing of accounts, the judge may fully inquire into the deceased's whole property and its administration, and may hear complaints of misconduct, neglect or default that caused loss and order payment to the estate. The application is served at least 60 days before the hearing, or 75 days if served outside Ontario. The court fee for an estate trustee's application to pass accounts is $432, and a notice of objection is $93. Fees change, so check the current amounts.
If compensation is a source of the fight, the law entitles a personal representative to a fair and reasonable allowance for care, pains, trouble and time, as allowed by a judge. The judge may fix compensation on a passing of accounts if it was not already fixed.
What to do next
- Write down exactly what you disagree about and what each trustee wants.
- Keep records of every payment, decision and communication.
- Do not move estate money or sign sale documents alone without advice.
- Try a documented discussion, with a neutral person if that helps, before going to court.
- If it is still stuck, ask a lawyer whether directions, accounts or replacement fits your facts.
Frequently asked questions
Can one co-executor act without the other?
That depends on the will and the facts, and it is worth confirming with a lawyer before anyone acts alone. Acting alone can cause problems if the other trustee later objects.
Can a beneficiary ask the court to step in?
Yes. Any person with a financial interest in an estate may apply or move for directions. An interested person may also move for an order requiring the estate trustee to pass accounts.
Can the court remove an estate trustee?
Yes. The Superior Court of Justice may remove a personal representative on any ground that would justify removing another trustee, and it may appoint replacements.
Do co-trustees get paid twice as much?
Not automatically. A personal representative is entitled to a fair and reasonable allowance as allowed by a judge. How an allowance is shared between co-trustees depends on your situation, so it is worth confirming with a lawyer.
Sources
- Estates Act, R.S.O. 1990, c. E.21, s. 34 (e-Laws Word version) — Ontario e-Laws
- Ontario.ca – Administering estates — ontario.ca
- Ontario.ca – Apply for probate of an estate — ontario.ca
- Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 74.15 (e-Laws Word version) — Ontario e-Laws
- Estates Administration Act, s. 2(1) — Ontario e-Laws
- Trustee Act, ss. 23, 61 — Ontario e-Laws
- O. Reg. 293/92 (Superior Court of Justice and Court of Appeal – Fees) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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