Co-Executors in Ontario: Do They Have to Agree on Everything?

A will often names more than one executor, such as two siblings or a spouse and a child. That works well until they disagree about selling the house, paying a bill or how to deal with a beneficiary.

This article explains how co-executors are generally expected to work together, what the law says about stepping aside, and what options exist when the disagreement stalls the estate.

Do co-executors have to agree?

As a general principle, co-executors are expected to act together and make decisions jointly, not one at a time. This comes from how courts have treated trustees rather than from a section of a statute, so how it applies to a particular decision can depend on the will and the facts. A lawyer can confirm where you stand.

If one co-executor dies, the Trustee Act provides that the powers of several personal representatives vest in the survivor or survivors unless the will provides otherwise. So the surviving executor can usually carry on, but read the will first.

If one executor does not want the job

A person named as estate trustee in a will does not have to act. When a named executor renounces probate, their rights in respect of the executorship wholly cease, and administration passes as if they had never been appointed. Renouncing uses Form 74G (Part A).

The court may also summon a named executor to prove or refuse to prove the will, and if they do not appear their right to the executorship wholly ceases. Any person who appears to have a financial interest in the estate may bring a motion for an order requiring someone to accept or refuse appointment.

Once an executor has started acting, stepping down is harder. The Trustee Act procedure for a trustee to retire by deed does not apply to executors or administrators, so an executor who wants to step down must apply to court. Any person interested in the estate, or an executor who wants to be relieved, may apply to have a personal representative removed and replaced.

Options when you are deadlocked

• Talk it through in writing. Set out each option, the cost and the risk, and keep copies.
• Get legal advice on what the will and your duties require before taking a side.
• Apply for directions. Any person who appears to have a financial interest in the estate may do so.
• Ask for an estate trustee during litigation. The court may direct that one be appointed and file security, a route used for deadlocked co-executors or disputes that stall the estate.
• Apply to remove an executor. The court may remove a personal representative on any ground on which it may remove any other trustee.

Court steps cost money and time, and they are usually a last resort. A short, focused conversation with a lawyer can often show whether a compromise is realistic first.

Information, accounts and accountability

Disagreements often come from a lack of information. Estate trustees must keep accurate records of the estate's assets and transactions, and accounts filed with the court must include assets at the date of death, all money received, all liabilities, and a statement of the compensation claimed.

A person with a financial interest may move for an order requiring the estate trustee to file a statement of the nature and value of the assets, give further particulars, or pass accounts. Such motions may generally be made without notice, except a motion for further particulars, which requires 10 days' notice to the estate trustee. A beneficiary is an interested person who can compel accounts.

If an executor breached their duties, the court may relieve them wholly or partly of personal liability if they acted honestly and reasonably and ought fairly to be excused. On a passing of accounts, a judge may also order an executor to pay such sum as is just where estate funds were misused.

What to do next

• Read the will for any wording about how executors act, or what happens if one cannot.
• Keep every receipt, bank statement and decision in one shared record.
• Do not make large or irreversible moves, such as selling property, while you are in dispute.
• Decide whether you want to continue. If you have not yet acted, renouncing may be an option.
• Speak with a lawyer before you apply to court, so you know the likely steps and costs.

Frequently asked questions