Selecting an executor is one of the most important instructions left in a will, since the executor is the person designated to handle all matters of the estate after the will-maker’s passing. But what happens when more than one person is appointed, and can you have two executors of a will in BC?
The short answer is yes, co-executors are legally allowed to administer an estate together. Whether or not this is the ideal decision is another story. While having co-executors of a will can sometimes be helpful and make estate administration easier for all involved, this arrangement can also create complications when co-executors disagree, fail to communicate, or have competing interests.
When those issues affect how estate affairs are managed, beneficiaries and other interested parties may need an estate litigation lawyer to understand their rights and determine how to resolve disputes.
Co-Executor Duties
Co-executors are responsible for administering and distributing the estate, accounting to beneficiaries and creditors, and carrying out other duties imposed by the will or by law.
Depending on the estate, these duties often include:
- Identifying and securing the deceased’s assets
- Paying the estate’s debts, expenses, and taxes
- Applying for the appropriate grant of probate or administration
- Valuing and managing estate assets
- Communicating with beneficiaries and creditors
- Dealing with claims against the estate
- Selling or transferring estate property where required
- Keeping accurate records and accounting for estate transactions
- Distributing inheritances according to the will and applicable law
How Many Executors Can Be on a Will?
Technically, there isn’t a limit. However, more executors don’t mean things will go more smoothly. Often, having more executors for a will creates an environment for increased disagreements, communication problems, and delays.
For that reason, if someone wants more than one executor, it is commonly advised to limit the appointment to two or three co-executors. Having a smaller group tends to make it easier to communicate, make decisions, and move the administration of the estate forward without unnecessary conflict.
Can Co-Executors Act Independently?
Under the Wills, Estates and Succession Act (WESA), co-executors need to reach unanimous agreement. As a result, one executor cannot usually make a major decision without the other executor(s) involved. However, a will-maker can establish different rules for how the co-executors should handle disagreements. For example, the will could state that a decision can be made when a majority of the co-executors agree. Other provisions could give one executor authority over certain matters or establish another process for resolving disagreements.
When Co-Executor Disputes Arise
There are many instances where co-executors divide responsibilities effectively, particularly when they communicate openly, trust one another, and share a similar understanding of the will-maker’s last intentions. However, even arrangements that initially appear cooperative can become strained as estate administration progresses.
They Already Have a Strained Relationship
Existing tension between co-executors is likely to carry over into estate administration. A lack of trust, unresolved personal disagreements, or a history of conflict often makes it difficult for quarrelling co-executors to reach agreements about the estate, particularly when decisions involve money or other sensitive matters.
Their Financial Interests Conflict
Disagreements can become particularly difficult when co-executors are also beneficiaries (which is permitted under WESA). If the will provides different inheritances to each person, for instance, an executor may have a personal financial interest in decisions about how assets are valued, managed, or distributed.
The Estate Involves Complex Assets
Some estates require co-executors to make difficult decisions about property, investments, or other valuable assets. Family businesses, multiple real estate holdings, collections, foreign assets, and closely held investments all raise questions about valuation, timing, and whether an asset should be sold. Differences over these decisions can quickly lead to conflict.
They Approach the Role Differently
Co-executors do not necessarily have the same experience, expertise, or approach to estate administration. One may have professional experience with legal or financial matters and be prepared to handle tasks quickly, while others may require more time to complete tasks because they are unfamiliar. When someone feels like another person is holding up the estate, frustration can build.
They Don’t Live Close to Each Other
Coordinating meetings, signing documents, managing property, and handling other estate matters is much more difficult when the people responsible for them are geographically removed from each other. These challenges intensify when the estate already requires frequent communication and timely decisions.
How Co-Executor Disputes Affect Beneficiaries
When disagreements prevent decisions from being made or necessary tasks from being completed, beneficiaries face delays in receiving their inheritance. Additionally, the estate itself may lose value, which further affects inheritances.
A co-executor who refuses to cooperate, fails to sign necessary documents, or will not participate in decisions brings administration to a standstill. Communication problems like these delay transactions such as property sales, while disagreements over how assets should be valued or distributed can leave beneficiaries waiting.
In more serious cases, beneficiaries may need to take legal action to protect their interests. The BC Supreme Court addresses disputes involving estate administration, including applications concerning an executor’s conduct or removal. Depending on the circumstances, one co-executor may be removed while the other continues, or the court may remove all and appoint someone else as the sole executor.
Legal Help for Estate Disputes
If co-executor conflict is delaying the administration of an estate, putting estate assets at risk or affecting your inheritance, legal advice can help determine what options are available. Stephens & Holman helps beneficiaries and other parties involved in estate disputes navigate contentious matters, including situations where an executor or co-executor is failing to properly carry out their responsibilities. Contact one of our BC estate litigation offices today to learn more or schedule a free consultation.