How did an estate with two executors become paralyzed?
Carmela Agostino died in June 2024. Her will named her son Francesco and daughter Lucia as co-estate trustees. The family was already divided into opposing camps, and the siblings' earlier attempt to act together as attorneys for property had also broken down.
After their mother's death, the co-executors did not establish a workable system of joint administration. The estate's main asset was the family home. Its reverse mortgage went into default, the lender began enforcement proceedings, the property insurance lapsed for a time, and the home's heating was placed at risk. The estate was not merely moving slowly—an important asset faced real danger.
Why did the court not simply keep one executor and remove the other?
Ontario courts do not lightly override a testator's choice of estate trustee. Friction or personal dislike alone is generally not enough. The central question is whether the conflict prevents the estate from being properly administered and puts beneficiaries' interests at risk.
Here, both co-executors took unilateral steps and communication had substantially failed. The estate property was exposed to mortgage enforcement and a lack of insurance. The court also concluded that leaving only one sibling in control would defeat the balance their mother had intentionally created, while the evidence raised concerns about both sides' ability to cooperate and act impartially. The court appointed an experienced, neutral estate trustee during litigation to take control of the administration.
An executor's job is not simply to distribute money at the end
An estate trustee controls property belonging to the estate and its beneficiaries. The role is not an honorary title or a position from which to represent one family faction. The work includes securing and insuring property, addressing mortgages and expenses, preserving records, providing appropriate information, making prudent decisions, and accounting for every receipt, payment, and distribution.
Co-executors generally must act together. If they cannot exchange records, sign jointly, or make timely decisions, the intended check and balance can become a deadlock at every step. Litigation costs, asset risk, and professional-trustee fees may then reduce what remains for beneficiaries, and an executor who acts unreasonably may not recover all personal legal costs from the estate.
A co-executor checklist for an Estate Review
When a will names two or more executors, ask more than whether they are related:
- Have they shown that they can cooperate, share sensitive information, and keep communicating through disagreement?
- Are there longstanding family factions, financial disputes, or caregiving-compensation claims?
- Who will manage banking, property, tax, insurance, records, and beneficiary communications?
- Which decisions require joint signatures, and who responds first to urgent expenses or asset risks?
- What happens if there is a deadlock, one person becomes unavailable, refuses to sign, loses capacity, or no longer wishes to act?
- Should the will name an alternate, or should a neutral professional be considered for some or all of the role?
- Do the will, ownership records, corporate assets, tax information, and practical administration plan work together?
A workable structure matters more than the number of names
Naming two children can sometimes provide complementary skills and useful oversight, but two names do not automatically create safety. What matters is whether they can act together, put the estate ahead of family factions, and follow a document that provides a workable path for conflict, incapacity, and replacement.
For a complex family, an Estate Review can test the proposed people, division of responsibilities, asset risks, tax records, and backup plan while the will-maker can still explain their intentions. The specific appointment and will terms should be reviewed with a qualified Ontario estates lawyer who can provide legal advice for the family's circumstances.