In Ontario estate litigation, one of the most contentious issues beneficiaries face is what to do with real estate held in the estate — particularly when they don’t agree. Whether it’s the family home, a cottage, or an investment property, conflicts often arise when one beneficiary wants to sell and another wants to keep the property.
So, can a beneficiary force the sale of estate property in Ontario? The answer depends on several legal and factual considerations, but the short version is: yes, in many cases — through the courts.
Common Scenarios That Lead to Disputes
- One sibling wants to sell the family home, another wants to keep it “in the family”
- A property was jointly owned with the deceased, now shared between multiple beneficiaries
- A beneficiary is living in the estate property rent-free and refusing to cooperate with its sale
- The executor is delaying the sale or failing to act
In these scenarios, the court can step in to resolve the deadlock — especially if the property cannot be divided physically and must be liquidated for equal distribution.
Legal Grounds to Force a Sale
Under Ontario’s Partition Act, any person who has an interest in a property (as a co-owner or beneficiary) can apply to the Superior Court of Justice to compel its sale.
Even if a will doesn’t explicitly direct a sale, beneficiaries or co-owners may still petition the court where:
- The executor is not fulfilling their duty to liquidate or distribute the estate
- Co-beneficiaries cannot agree on what to do with the property
- The property needs to be sold to satisfy debts or divide the estate fairly
The court’s primary concern is whether there is a just and equitable reason to deny the sale. If there isn’t, the court will usually grant the request.
Role of the Executor
Executors are responsible for administering estate property — and that includes making decisions about real estate. However, if an executor is unwilling to sell, or if their delay is unjustified, beneficiaries may bring a motion to:
- Compel the executor to act
- Remove the executor (in extreme cases)
- Apply to partition and sell the property independently
Beneficiaries should be aware that executors have discretion, but that discretion is not unlimited, especially when it’s contrary to the best interests of the estate.
What If One Beneficiary Wants to Buy Out the Others?
In many disputes, one beneficiary wants to keep the property but doesn’t have the cash to buy out the others. In this case, the court may allow time for a buyout — but only if it’s clear that the estate and co-beneficiaries are not prejudiced by further delay.
If a fair valuation can’t be agreed upon, the court may order an independent appraisal or a forced sale on the open market.
Practical Tips for Beneficiaries
- Try to resolve the issue amicably before initiating litigation — it saves time, cost, and emotional toll
- Get an independent appraisal to set a fair market value
- If you want to keep the property, be prepared to purchase the other beneficiaries’ shares
- If you’re being blocked from a fair distribution, speak to an estate litigation lawyer about your right to apply for a sale under the Partition Act
At Kimel Law Group, we regularly assist beneficiaries and executors in real estate-related estate disputes. Whether you’re trying to force a sale or protect your interest in estate property, we can guide you through your legal options and help you move forward with confidence.
If you’re in a deadlock over estate real estate, contact us today to find out where you stand — and how to resolve it.