In Ontario, co-executors (officially known as Estate Trustees) must generally act unanimously when making decisions, unless the will explicitly contains a “majority rule” clause. If co-executors are entirely gridlocked on selling a house or paying a debt, they can apply to the Superior Court of Justice for directions, or one may need to step down.
Being appointed to manage a deceased loved one’s estate is a heavy responsibility. When parents draft their wills, they often appoint multiple children as co-executors in an effort to be fair. Unfortunately, this common practice frequently leads to bitter disputes. From disagreements over the listing price of the family home in Toronto to arguments about which debts are valid in Ottawa, gridlock can freeze the entire probate process. 💔
Under Ontario law, Estate Trustees have a strict fiduciary duty to act in the best interests of the beneficiaries. If co-executors cannot agree on a course of action, the estate cannot move forward. Banks may freeze accounts, property may fall into disrepair, and beneficiaries may threaten legal action. Resolving these disputes quickly and legally is essential to avoid draining the estate’s value through endless litigation.
Step-by-Step Process in Ontario
When co-executors in cities like Mississauga, Hamilton, or London find themselves in a deadlock, they must follow a structured approach to resolve the issue. Simply arguing over the phone will not satisfy the legal requirements of the Superior Court of Justice.
Step 1: Review the Will for a Majority Rule Clause
The very first step is to carefully read the original will. While the default rule in Ontario is unanimity, well-drafted wills with three or more executors often include a “majority rule” clause. If this clause exists, and two out of three executors agree to sell the property, the dissenting executor is legally bound to comply and sign the necessary documents. 🔍
Step 2: Engage in Professional Mediation
If the will demands unanimity and you cannot agree, do not rush straight to court. Hiring a neutral estate mediator is a highly effective way to break the gridlock. A professional mediator can help you and your co-executor find common ground regarding the sale of assets or the distribution of personal heirlooms without destroying family relationships.
Step 3: Consult Independent Estate Lawyers
When communication breaks down entirely, each co-executor may need to hire their own Ontario estate lawyer for independent legal advice. Alternatively, the estate itself can retain a law firm, but that lawyer represents the estate, not one specific executor’s personal interests. A lawyer can explain your personal liability if the gridlock causes financial harm to the estate. 💼
Step 4: Consider Voluntary Renunciation
If one executor realizes they do not have the time or emotional capacity to fight, they have the option to step down. If they have not yet “intermeddled” (started acting as an executor by paying bills or moving money), they can sign a formal Renunciation form. If they have already started acting, they must seek a court order to be formally removed.
Step 5: File an Application for Directions
If no one will step down and mediation fails, you must ask a judge to decide. Your law firm will file an Application for Directions with the Superior Court of Justice under the Rules of Civil Procedure. The judge will review the facts and issue a legally binding order on how to proceed, such as ordering the house to be sold at a specific appraised value. 📝
Step 6: Apply to Remove a Co-Executor (Last Resort)
If a co-executor is acting with hostility, delaying the estate out of spite, or endangering assets, you can apply to the court to have them removed under Section 37 of the Trustee Act. Judges do not remove executors lightly; you must prove that their continued involvement actively harms the proper administration of the estate.
How Much Does it Cost in Ontario? 💰
Executor disputes can severely drain the estate’s resources. As of May 2026, here is what you can expect to pay for dispute resolution:
- Mediation Fees: A private estate mediator generally charges between $3,000 and $6,000 CAD per day. This is usually paid from the estate funds.
- Lawyer Fees (Application for Directions): Drafting the application and attending a court hearing can cost $5,000 to $15,000 CAD depending on complexity.
- Litigation for Removal: A full court battle to remove an executor can cost $20,000 to $50,000+ CAD.
- Cost Consequences: If a judge decides one executor was acting unreasonably and causing unnecessary delays, the judge may order that executor to pay the legal costs out of their own pocket, rather than using estate money.
| Resolution Method | Typical Cost in Ontario |
|---|---|
| Voluntary Renunciation | Minimal ($500 – $1,000 for legal drafting) |
| Private Estate Mediation | $3,000 – $6,000 CAD (Usually split or from estate) |
| Court Application for Directions | $5,000 – $15,000+ CAD |
How Long Does the Process Take?
Resolving disputes voluntarily is always the fastest route. A mediation session can typically be scheduled within 4 to 8 weeks. However, if you are forced to file an Application for Directions or seek the removal of an executor, the heavily backlogged Ontario court system means you could be waiting 6 to 12 months just to get a hearing date before a judge.
Frequently Asked Questions (FAQ)
What happens if an executor refuses to sign a real estate listing?
If the will requires unanimity and one executor refuses to sign the listing agreement, the property cannot be sold. You must apply to the Superior Court of Justice for an order dispensing with their signature or compelling the sale.
Can we use estate funds to pay for our own lawyers?
Generally, the lawyer representing the estate is paid from estate funds. However, if executors hire personal lawyers to fight each other, those costs are usually paid personally, unless a judge later orders the estate to reimburse them.
Does a resigning executor still get paid compensation?
In Ontario, executor compensation (often up to 5%) is based on the work actually performed. If an executor steps down very early in the process, they may be entitled to little or no compensation.
Can one executor open the estate bank account alone?
No. If the will names multiple executors and requires joint action, Ontario banks will insist that all co-executors be present (or sign documents) to open the estate account and approve transactions.
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