When executors have different ideas about how to handle an estate, this can lead to delays that could drag probate for months and really stress relationships among family members. Common troubles include breakdowns in communication and one executor going ahead when the other isn’t in agreement. Understanding how to deal with such differences is really important if you want to keep things moving smoothly and protect the relationships of those who are involved.
Disputes between co-executors sit squarely in estate litigation, and problem executors, problem trustees, and passing of accounts are all named parts of Onyx Law Group’s estate practice. Valerie Leblanc has practised wills, estates, and trust litigation since her call to the BC bar in 2011. The firm has worked out of downtown Vancouver since 2012, with lawyers who handle matters in Cantonese, Mandarin, Punjabi, Korean, Vietnamese, Spanish, and French alongside English. If your co-executor has stopped cooperating, contact us for a free 30-minute consultation.
In this article, we aim to answer some of the most frequently asked questions as it relates to co-executors in British Columbia:
What Is a Co-Executor of a Will?
About half of British Columbians have a signed, legally valid, and up-to-date will. A 2020 survey cited by the B.C. government found that 50% of British Columbians had a current will, up from 44% in 2018.
A co-executor of a will, often referred to as a joint executor, is one of multiple executors chosen to jointly manage an estate in accordance with the terms of a will. Naming more than one person to the role means no single executor has to shoulder the work or the decisions alone, though how many executors a will names is entirely up to the person making it. The will maker names these co-executors, entrusting them with the duty of overseeing and distributing the estate property and other assets upon their passing.
As co-executors, they are expected to collaborate and make decisions together while navigating the estate administration process. Their executor duties typically include, but are not limited to, locating and valuing assets, paying off outstanding debts, filing tax returns, managing the estate funds, and overseeing the final distribution of the remaining assets to the beneficiaries as specified in the will.
Having co-executors helps create a system where there are some checks and balances. This way, one person won’t have full control of administering the estate. This arrangement reduces risks of poor handling or fraud and brings in extra support and skills, especially if dealing with complicated estates or ones that involve different countries. Having another pair of eyes even on simpler estates is beneficial too.
Can Co-Executors Act Independently?
Generally speaking, co-executors collaborate closely and make decisions jointly when handling an estate. They do their separate jobs, but important decisions need unanimous consent from everyone who is an executor. No one executor should make decisions on their own either. Legal rules stress that there needs to be consensus among co-executors so that an estate can be handled fairly and equitably.
Often times, wills specify that co-executors are given specific authority to act independently. In those cases, co-executors do indeed have legal power to perform their duties separately, and this can mean they have the legal right to sell assets or handle other legal expenses of the estate according to what is specified in the will. Reviewing the will carefully is very important; it is necessary to figure out how much authority each executor has and also to know if they should work together or can act independently.
It’s generally good practice for co-executors to communicate openly and work together to avoid disputes which could cause delays or legal complications. When there are disagreements, seeking advice from an experienced lawyer who deals with estate litigation early can help settle things quickly, cut down on legal fees, and make sure that the estate administration process goes smoothly.
Can an Executor Appoint a Co-Executor?
Executors can’t appoint co-executors on their own; they have to specify this in the will themselves. A testator designates executors to handle and distribute assets according to what is written in the will when that person dies.
Sometimes executors find that they can’t manage an estate well on their own because it is complicated or because they lack knowledge and skills in some specific areas. In such instances, they can seek professional advice from accountants, lawyers or financial advisors who can assist them with particular tasks. However, these professionals don’t have the same legal power as co-executors.
If someone serving as an executor thinks they need help from another relative or perhaps an entity such as a trust company to run things smoothly for the estate, they can ask the courts to appoint another executor. Then the court looks into the situation and decides whether to appoint a co-executor who would be good for the estate and its beneficiaries.
How to Resolve Co-Executor Disputes
Disputes among co-executors don’t necessarily have to escalate to going to court. Early taking of some practical steps can help to ensure that the estate progresses smoothly and avoids the kind of big split that happened with Weisstock. Here’s how co-executors can work through disagreements before they turn into something more serious.
Step 1: Go Back to the Will First
Before doing anything else, both co-executors should read the will again carefully to check whether they each have independent powers under it. Some wills are clear about these specifics and understanding this legally is important to avoid conflicts later on.
Step 2: Put Everything in Writing
When disagreements start among co-executors, try communicating as much as you can via email or writing. This generates documentation that safeguards everyone involved and could be very useful later if there is any estate dispute that goes to court.
Step 3: Bring In a Neutral Third Party Early
An estate lawyer can often help avoid a long dispute and formal court fight. Seeking legal advice sooner rather than waiting for months when things have stalled better prepares co-executors to keep things moving smoothly on the estate.
Step 4: Consider Mediation Before Litigation
Mediation lets people who don’t agree figure things out together through an unbiased mediator and avoids the cost and delay of taking something to court. Mediation generally proceeds much faster than court procedures and also gives both sides more say about what happens rather than judges making those decisions directly.
Step 5: Document Any Conflict of Interest Immediately
If one co-executor has a personal stake in the estate’s assets, like a business interest or an existing power of attorney, that conflict needs to be flagged and recorded right away. Waiting to raise it, as happened in Weisstock, only strengthens the case for removal later.
Step 6: Know When to Ask the Court to Step In
If a complete breakdown in communication happens and proper administration of the estate has stagnated, either executor can ask the court to remove one of them and appoint a neutral estate trustee. This is considered a last step, but according to Weisstock, courts do step in when beneficiaries’ interests are threatened.
What Is the Best Path Forward?
Disputes between co-executors don’t always have to go all the way to court. How bad things get determines what path to take. Each path comes with different costs, timelines, and results. Here are some options:
Option | Best For | Timeline | Outcome |
|---|---|---|---|
Mediation | Disagreements that stem from miscommunication, not a genuine conflict of interest | Weeks to a couple of months | Co-executors stay in their roles, with an agreed path forward |
Legal Advice/Lawyer Intervention | Clarifying rights and duties before things escalate | Days to weeks | Often resolves the standoff without formal court action |
APL (Administrator Pending Litigation) | Keeping the estate moving while a removal application is being decided | Ongoing, tied to the litigation | A temporary neutral administrator manages the estate in the meantime. |
Court-Ordered Removal (Passing Over) | A genuine conflict of interest or a total breakdown in cooperation, as in Weisstock | Months, sometimes longer | One or both executors are permanently replaced by a neutral party |
When Co-Executors Can’t Agree: Lessons from the Weisstock Case
In Weisstock v. Weisstock, 2019 BCSC 517, two co-executors, both brothers named to manage their late mother’s estate, ended up in court against each other. Their relationship had broken down so badly that neither believed the other was fit to serve, a reminder of how quickly family dynamics can sour when money and old sibling roles collide. Both applied to have the other removed, and the court ultimately passed over both of them in favor of a professional trustee.
Maria Weisstock died in December 2016 at the age of 91, two years after her husband Willy. Together they had built an estate valued from about $24 million to $55 million in real assets that they held via a company called Witmar Holdings Ltd. Maria’s will distributed all the estate along with her share of the company to her four grown children equally and appointed two sons, Tony and Albert, as co-executors.
The trouble started almost immediately. Willy’s estate had never gone through probate, and disagreements between Tony and Albert over how to handle their mother’s property brought everything to a standstill. More than two years passed without any real progress toward administering the estate or even filing a probate application.
Eventually, each brother accused the other of breaching his duties and acting in a conflict of interest, and both asked the court to step in. Rather than choosing one over the other, the court decided neither could be trusted to act impartially and removed them both in favor of a neutral professional trustee.
What Are the Principles That Guide the Court When Removing an Executor?
Courts don’t remove executors lightly. The person making a will has a lot of weight when they choose who gets to manage their affairs. Judges hesitate before overturning that selection unless there is strong reason to do so. In considering such action, courts need to see clear proof that removal really is necessary and not just because other beneficiaries or executors wish for different people to handle things.
When deciding if this threshold has been reached, the court considers only what is best for beneficiaries. At the heart of the matter is whether the executor’s actions have jeopardized fair management of the estate. As long as an executor handles things properly and responsibly, generally they won’t be removed even if they act very difficult or unpopularly.
One clear reason someone can be disqualified is conflict of interest. This happens when an executor has some sort of claim against the estate or vice versa; this situation undermines their ability to be fair and puts others who will inherit things at a disadvantage too. Courts also agree that if two executors cannot agree on anything and it causes delays in settling an estate, then they can be disqualified as well, even without proof that anyone did something wrong.
By the end of the day, all these principles point to serving the beneficiaries above all else. Whatever issues are at stake, whether that means avoiding conflicts of interest or resolving problems among executors, the court’s decision-making process is based on what will serve the people that the inheritance is intended for most effectively.
Is It Enough to Remove Only One Co-Executor?
Justice Milman decided that removing just one co-executor would not fix the problem. Actually, there was strong reason to remove both Albert and Tony because each had a very serious conflict of interest that could undermine their impartiality as executors for the estate.
Albert’s problems started because of an authority he got from Maria back in 2004, and began using starting in 2013 to handle her matters. After she died, Tony asked Albert repeatedly to explain his use of that authority; this included asking about any joint accounts they both shared with their mom as well.
Albert answered slowly and carefully, and there were inconsistencies between the records he turned over and the bank statements. Because he had handled Maria’s finances, including an estate bank account that still needs further scrutiny, Albert can’t serve as someone overseeing this investigation, and his history doesn’t instill much confidence that he would do a good job as executor.
Tony’s conflict was different but just as serious. As the sole executor of his father’s estate, sole trustee of the family trust, and director of the family business, he had a direct stake in several matters the estate’s executor would need to independently assess, like the proper value of Maria’s shares in the company, outstanding shareholder loans, and how much the trust or the business owed the estate. Because Tony sat on multiple sides of these questions, he couldn’t act as a neutral decision maker for Maria’s estate, which left removing both brothers as the only workable path forward.
Who Is Appointed if Both Co-Executors Are Removed or Passed Over?
After deciding that Tony and Albert should both not be appointed, the next thing to consider was whether to appoint an Administrator Pending Litigation (APL) pending resolution of the lawsuit or to appoint someone permanently. Justice Milman in Weissstock preferred to do the latter because she did not think that Albert and Tony would ever cooperate very well together as co-executors once the lawsuit is settled.
Even if either Tony or Albert were to resume the duties of executor alone following the conclusion of the litigation, there would still be a significant risk that the orderly administration of the estate would founder yet again due to new disagreements, miscommunications, or misunderstandings. Instead, it was in the best interests of the beneficiaries for both Tony and Albert to be passed over in favor of a permanent and neutral replacement. By order of the court, a recently retired lawyer was appointed as sole executor of Maria’s estate.
Are You a Co-Executor of a Will?
When co-executors disagree, estate matters can drag on for months and tensions can last years. That is what happened with the Weisstock case: two brothers who were named executors of the estate got into such intense conflict that a judge had to remove both of them and hand over the estate to someone else. Most of the time, disputes do not have to escalate so high; simple things like writing things down, going back to the will to seek direction, and seeking help from people outside of the family right away can prevent small issues from becoming drawn-out legal fights.
If you are serving as co-executor and things seem to be stuck, don’t sit there by yourself. An estate or trust lawyer can really help you sort things out and understand what your standing is. They can also help you avoid mistakes that could jeopardize your status as executor and intervene early to prevent delays and financial losses from disputes. It’s usually much cheaper and less stressful if you seek advice sooner rather than later.
Stuck with a co-executor who won’t cooperate? That’s not something to sit on. Onyx Law Group handles exactly such issues: problem executors, problem trustees, and passing of accounts are core parts of the firm’s estate litigation practice, led by Valerie Leblanc, who’s practised wills, estates, and trust litigation since her call to the BC bar in 2011. Contact us for a free 30-minute consultation and find out where you stand.
Frequently Asked Questions
There is often conflict among co-executors, and this conflict doesn’t usually have an easy answer of whether or not to bring court into play. We frequently get these questions from those who share this responsibility in British Columbia.
Can a Co-Executor Be Removed Without Going to Court?
Usually not. Removing an executor from a will in BC typically requires court intervention using WESA because co-executors don’t just get to vote each other off. Voluntarily resigning is different though and does not require going through court.
What Happens if One Co-Executor Refuses to Cooperate or Act?
Administration of estates can grind to a complete halt because normally any major decision requires both executors to work together unless the will specifies otherwise. Executors who cooperate can ask a court to remove an unwilling executor or to direct them about how to proceed alone.
Are Co-Executors Liable for Each Other’s Mistakes or Misconduct?
Yes, co-executors have a fiduciary role, and they can be jointly responsible if one of them doesn’t do their job well. Being vigilant and active also protects an executor from getting sued when they did not directly cause something bad.
Can One Co-Executor Sign Documents or Access Estate Accounts Alone?
Typically not. Generally speaking, most estate documents require that both co-executors work together. Unless a will gives specific powers to just one of them independently. And financial institutions in British Columbia usually don’t release funds or process transactions if there’s just one signature.
What Should You Do if You Disagree With Your Co-Executor’s Decisions?
Write down your concerns and try to work things out through compromise. Courts like when executors sort things out without going to court if they can. If there’s conflict that endangers the estate or if a solution isn’t reached, one of the executors can then ask a judge for guidance.
Disclaimer: The information on this page is general legal information about British Columbia law, not legal advice for any specific situation. Reading this page does not create a solicitor-client relationship. BC law changes, and the procedure that applies to a specific situation depends on facts not covered here. For advice on your situation, consult a qualified British Columbia estate lawyer directly. Past results, illustrative scenarios, and reference to typical fact patterns do not guarantee similar outcomes in any specific case.