- Under the Trustee Act, an estate trustee is entitled only to a "fair and reasonable allowance" for administering the estate, fixed by the court unless the will sets the amount.
- Co-executors agree between themselves In many estates, co-executors who get along simply agree on a split — often equal, sometimes weighted toward whoever did more of the practical work,…
- When a split is contested, the amount of actual work each co-executor performed is usually central to the analysis — not simply the fact that both names appear on the appointment.
Naming more than one estate trustee in a will is common — spouses often name their adult children together, or a parent names two siblings to act jointly so neither feels left out. It can work smoothly. It can also create friction the moment it's time to talk about co-executor compensation, because Ontario law doesn't hand co-executors a ready-made formula for splitting the fee.
Compensation for administering an estate is calculated for the estate trustee role as a whole, not per person. When two or more people share that role, they generally have to work out — or ask a court to decide — how the single allowance gets divided between them.
Compensation Is Awarded to the Role, Not Divided by Headcount
Under the Trustee Act, an estate trustee is entitled only to a "fair and reasonable allowance" for administering the estate, fixed by the court unless the will sets the amount. That allowance is assessed based on the work of administering the estate as a whole — it doesn't automatically double, triple, or split evenly just because more than one person shares the title.
This surprises many co-executors. Two people sharing the role doesn't mean two full fees; it means one fee that has to be allocated between them in a way that's fair given what each person actually did.
How the Split Usually Gets Decided
1. Co-executors agree between themselves
In many estates, co-executors who get along simply agree on a split — often equal, sometimes weighted toward whoever did more of the practical work, like visiting the property, dealing with the bank, or managing the sale of a house. Capable, adult beneficiaries can consent to this arrangement.
2. The will sets out a split
Occasionally a testator's will specifies how compensation should be divided among named co-executors. Where the will addresses this, that direction generally governs instead of the statutory "fair and reasonable" analysis.
3. A court decides on a passing of accounts
If co-executors can't agree — or a beneficiary objects to the amount or the split — the matter can go before the court on a passing of accounts, where a judge reviews the estate's records and fixes both the total compensation and, where relevant, how it's apportioned between the co-trustees based on their respective contributions.
What Courts Tend to Look At
When a split is contested, the amount of actual work each co-executor performed is usually central to the analysis — not simply the fact that both names appear on the appointment. Relevant considerations can include:
- Who handled the estate's day-to-day administration
- Who dealt with financial institutions, tax filings, and creditors
- Who managed and protected estate property
- Whether one co-executor's involvement was largely nominal
When Co-Executors Disagree
Disagreements between co-executors about compensation — or about anything else — can slow an estate down considerably, since many decisions require both to act together unless the will says otherwise. Where a disagreement becomes unworkable, options can include:
- Negotiating a compromise, sometimes with a mediator
- One co-executor applying to pass accounts, forcing a court determination
- In more serious breakdowns, an application to remove or replace a co-executor
Reducing the Risk of a Split Dispute From the Start
A few habits can head off most co-executor compensation disagreements before they turn into a court matter:
- Agree on roles early. If one co-executor will realistically do most of the hands-on work — say, they live near the deceased's property and the other lives out of province — say so out loud at the start, rather than assuming an even split will feel fair later.
- Keep a shared record of who did what. Time spent on calls with the bank, trips to the property, and paperwork add up, and a running log makes it far easier to justify a split later, whether to each other or to a court.
- Talk about compensation before the estate is nearly wound up. Waiting until the very end to raise the topic often means positions have already hardened.
- Consider whether one co-executor should step back. If one named co-executor genuinely doesn't want an active role, they may be able to renounce that role formally rather than remain nominally involved while contributing little — which avoids an uneven split becoming a source of resentment later.
Frequently asked questions
Do co-executors have to split compensation equally?
Not necessarily. An equal split is common where both contributed similarly, but courts and cooperating co-executors can and do apportion compensation unevenly where the actual work was uneven.
Can one co-executor take their share of compensation before the other agrees?
This is risky. Compensation generally should be approved — by consenting, capable beneficiaries or by the court — before it's paid out, and a co-executor who pays themselves unilaterally can be asked to justify or repay the amount.
What if the estate has three or more estate trustees?
The same principles apply regardless of the number of co-executors: one overall allowance for the role, generally divided among however many people are sharing it, based on their respective contributions.
Does naming co-executors cost the estate more overall?
Not typically. Because compensation is fixed for the role rather than multiplied per trustee, having co-executors doesn't usually increase the total amount payable out of the estate — it changes how that total gets divided.
Can a named co-executor just step back instead of fighting over the split?
Often yes. A named co-executor who hasn't yet formally taken on the role may be able to renounce it, leaving the other named co-executor (or an alternate) to act alone — which can avoid a compensation dispute entirely if one person's involvement was always going to be minimal.
This is a wills & estates question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.