Under Ontario law, co-executors must generally act unanimously in all decisions unless the Will explicitly contains a “majority rule” clause. This means you cannot independently sell property, sign tax returns, or access the estate bank account without your co-executor’s signature.
When drafting a Will, parents often appoint two or more of their children as co-executors, hoping to avoid showing favouritism and keeping the family united. While the intention is loving, the practical reality in Ontario is that co-executors can create massive logistical nightmares. If you are appointed alongside a sibling or a professional advisor, you might assume you can simply split the tasks and act independently to speed things up. Unfortunately, the law demands absolute unity.
In Ontario, the legal default for multiple Estate Trustees is strict unanimity. Whether you are dealing with a local bank in Mississauga, listing a house with a realtor in Ottawa, or filing official paperwork at the Superior Court of Justice in Toronto, every single named executor must agree and sign on the dotted line. The common law views multiple Estate Trustees as a single legal entity. If co-executors are in conflict or refuse to communicate, the entire estate freezes. If you are trapped in a deadlocked executor situation, exploring our directory to find a local estate litigation lawyer is your best path forward to resolve the dispute.
Step-by-Step Process for Co-Executors Administering an Estate in Ontario
Working efficiently with a co-executor requires clear communication and a willingness to compromise. To move the estate forward without draining the funds on costly court battles, most co-executors follow this structured approach.
Step 1: Review the Will for a Majority Rule Clause
The very first step is to carefully read the Will. Some modern Wills drafted by skilled lawyers include a “majority rule” clause (e.g., “If my three children are appointed, the decision of any two shall govern”). If this specific clause exists, your job is much easier as a rogue executor can be outvoted. If the Will is silent, the strict common law rule of 100% unanimity applies to every decision.
Step 2: Jointly Apply for the Certificate of Appointment
You cannot apply for probate independently. All co-executors must sign the Application for a Certificate of Appointment of Estate Trustee. You must both swear an oath, sign the court documents, and submit them together to the Superior Court of Justice. If one executor refuses to sign, they must either formally renounce their role or be removed by a judge.
Step 3: Open a Joint Estate Bank Account
Banks in Canada are extremely strict regarding fiduciary rules and liability. You will need to open an “Estate of [Deceased’s Name]” bank account to deposit funds. The bank manager will require all co-executors to be present (or provide verified signatures) and will almost always set the account to require joint signatures for every single cheque, withdrawal, or wire transfer.
Step 4: Resolve Disputes or Seek Court Directions
If you disagree on major issues-such as what price to list the family home for, or whether to hire a specific accountant-you must negotiate a compromise. Sometimes, using a private estate mediation service is the only way to avoid endless litigation. If the deadlock is unbreakable, one or both executors must apply to a judge for “Advice and Directions.” The court will then make the final decision, often at great expense to the estate.
How Much Does it Cost in Ontario?
Managing an estate with co-executors doesn’t automatically cost more, but if disagreements arise, the legal bills can drain the inheritance rapidly. Here is what to expect financially:
- Standard Lawyer Fees: If both executors cooperate and use the same lawyer, the estate pays the standard $3,000 to $10,000 CAD for probate assistance.
- Independent Legal Counsel: If executors are fighting, they often hire their own separate lawyers. These fees (often $350 to $600+ CAD per hour) can quickly escalate and are usually paid from the individual’s pocket, not the estate.
- Mediation Costs: Hiring a private mediator to resolve an executor dispute typically costs between $1,500 and $4,000 CAD per day.
- Executor Compensation: The total executor fee (usually up to 5% of the estate) does not multiply by the number of executors. The 5% pie must be split between all of you, usually based on who did the most physical work.
| Action Required | Can One Executor Do It Alone? | Why? |
|---|---|---|
| Signing the Probate Application | No | The Superior Court of Justice demands all named Trustees accept the legal responsibility. |
| Listing Real Estate for Sale | No | The Land Registry Office requires signatures from all legal owners (all Trustees). |
| Gathering Mail / Cancelling Utilities | Yes (Practically) | Minor administrative tasks can often be delegated by mutual verbal agreement. |
How Long Does the Process Take?
A standard estate administration takes about 12 to 18 months. However, having co-executors frequently slows the timeline. If one executor lives in a different province or country, mailing original documents back and forth for physical wet-ink signatures can add weeks of delays. If the executors reach a hostile deadlock and must go to court, the timeline can easily extend to 2 or 3 years before beneficiaries see their money.
Frequently Asked Questions (FAQ)
What happens if one executor lives outside of Ontario?
An out-of-province executor can still serve, but it complicates logistics. If they live completely outside of the Commonwealth, the court may require them to post a costly administrative bond to protect the estate from fraud.
Can a co-executor resign after we already started?
Once an executor has started the job (known legally as intermeddling), they cannot simply walk away. They must apply to the Superior Court of Justice to be formally removed and must provide a full accounting of their actions up to that point.
Can we split the 5% executor fee equally?
Yes, if you both agree to a 50/50 split. However, if one executor does 90% of the physical work, they can request a proportionately larger share of the compensation pie. If you cannot agree, a judge will decide the split during the Passing of Accounts.
Can I hire a lawyer without my co-executor’s permission?
You can hire your own personal lawyer for advice at any time, but you cannot force the estate to pay for it without agreement. The estate’s primary lawyer must take unified instructions from all co-executors jointly.
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