Co-Executors Disagree in Alberta: How the Dispute Gets Resolved

Being named as one of several executors sounds simple until you and your co-executor disagree about selling the house, paying a bill or when to distribute. A stalemate can leave the estate frozen while costs and tension grow.

This article explains the Alberta default rule on decision-making, practical ways to break a deadlock, and what the court can do if talking does not work. It is general information, not advice on your estate.

This article covers the law of Alberta.

Majority or unanimity?

Under the Estate Administration Act, co-personal representatives must act unanimously unless the will or the Court orders otherwise. That means there is no default majority vote. If there are three of you and two agree, the default rule still does not let the two act alone.

Check the will first. A will may set a different decision rule, and the Court can also order otherwise. Once a grant issues, only the personal representative named in it may act for the estate, so the people named in the grant are the ones whose agreement counts.

The duties you share while you disagree

A disagreement does not suspend your duties. Each personal representative must act honestly and in good faith, follow the will, use ordinary prudence and distribute the estate as soon as practicable. Core tasks include identifying assets and liabilities, managing the estate, paying debts, and distributing and accounting.

A personal representative is liable for the duties and liabilities imposed by the Act, the will, other law or the Court, and can be compelled to discharge them. Refusing to engage is therefore not a risk-free choice.

Ways to work through the deadlock

• Put the disagreement in writing and identify the exact decision in dispute, such as whether to sell a property.
• Consider mediation, which is a voluntary process where a neutral person helps you reach agreement. Whether it suits your situation depends on the people and the issue involved.
• Ask the Court for directions: a personal representative or a person interested in an estate may apply to the court for directions at any time.
• Apply for advice or direction on any question about managing or administering the estate; acting on that direction discharges the duty, except where it was obtained by fraud, concealment or misrepresentation.

Seeking direction can protect both of you, because you act on a court-approved path rather than on one person's view. Be complete and honest in what you tell the Court, since a direction obtained through concealment or misrepresentation does not give that protection.

When the court steps in more firmly

If a personal representative fails to give required notice or perform duties, the Court may, on application, order compliance, impose conditions, remove the personal representative, revoke a grant or make other orders.

Also be aware that before a grant issues, anyone may apply to restrain dealing with or intermeddling in a deceased's property. If a caveat is filed against a grant, it lasts 3 months unless the Court orders otherwise.

What to do next

• Re-read the will for any clause on how co-executors decide matters.
• Keep records of every proposal, reply and expense.
• Make interim decisions that protect assets, such as insurance, rather than major sales, while the dispute continues.
• Consider mediation before filing anything.
• Keep beneficiaries informed, since accounting duties continue: financial statements are due every 2 years unless the court orders otherwise.
• Get legal advice before applying for removal, as that is a serious step with costs and consequences.

Frequently asked questions