1. What Does It Mean to Have More Than One Executor?

2. What Does Alberta Law Say?

3. How the Process Works

4. Common Mistakes

5. Costs and Considerations

6. When Should You Speak With an Estate Lawyer?

7. How Bridgestone Law Can Help

Introduction

Choosing an executor is one of the most important decisions you will make when preparing your will. This person will be responsible for carrying out your wishes, administering your estate, paying your debts and taxes, and distributing your assets to your beneficiaries. Because of these significant responsibilities, many people spend considerable time deciding who should take on the role.

Some Albertans find themselves unable to choose just one person. They may have two children they trust equally, a spouse and an adult child with complementary skills, or a family member who would benefit from working alongside a trusted friend or professional. As a result, many people ask whether they can appoint more than one executor.

The answer is generally yes. Alberta law allows you to appoint two or more executors to administer your estate together. In some situations, this can provide valuable support and oversight. In others, however, it can make the administration more complicated if the executors are unable to cooperate or agree on important decisions.

Understanding how co-executors work, their legal responsibilities, and the advantages and disadvantages of appointing multiple executors can help you make an informed decision when preparing or updating your will.

What Does It Mean to Have More Than One Executor?

When a will appoints two or more people to administer an estate, they are known as co-executors. Each co-executor has the same legal authority and the same legal responsibilities. Rather than dividing the estate into separate portions, they work together to administer the entire estate.

In most cases, co-executors are expected to make decisions jointly. They share responsibility for protecting estate assets, applying for probate where necessary, paying debts and taxes, communicating with beneficiaries, maintaining proper financial records, and distributing the estate according to the terms of the will.

People often choose co-executors because they believe two individuals can complement one another's skills. For example, one person may have strong financial knowledge while the other has a close relationship with the family and understands the deceased's wishes. In other situations, parents may appoint two adult children to ensure each has an equal role in administering the estate.

Having multiple executors can also provide an additional level of accountability. Because important decisions are generally made together, there is less risk of one individual acting without the knowledge of the other.

However, appointing more than one executor is not always the best choice.

Estate administration requires cooperation. If co-executors disagree about selling property, hiring professionals, investing estate funds, or making distributions to beneficiaries, the administration can slow considerably. In some cases, unresolved disagreements may ultimately require the Court's involvement, increasing both the time and cost of administering the estate.

For that reason, it is important to consider not only whether each proposed executor is trustworthy and capable, but also whether they are likely to work well together. Two excellent individuals do not necessarily make effective co-executors if they are unable to communicate, resolve disagreements, or make decisions collaboratively.

What Does Alberta Law Say?

Alberta law generally allows a person preparing a will to appoint more than one executor. Each executor derives their authority from the will and, where probate is required, from the Grant of Probate issued by the Court.

Once they accept the appointment, co-executors become fiduciaries. This means each executor has a legal duty to act honestly, in good faith, and in the best interests of the estate and its beneficiaries. These duties are the same regardless of whether there is one executor or several.

Because co-executors share responsibility for administering the estate, they are generally expected to act together when making significant decisions. Depending on the circumstances, this may include:

• applying for probate;

• opening estate bank accounts;

• selling or transferring estate property;

• retaining lawyers, accountants, or real estate professionals;

• paying estate debts and taxes;

• approving distributions to beneficiaries; and

• signing important estate documents.

The will itself may sometimes provide additional guidance. For example, it may authorize the executors to act by majority decision, allow one executor to continue if another is unable or unwilling to act, or appoint alternate executors if necessary.

If one of the named executors dies, becomes incapable of acting, or formally renounces the appointment before administration begins, the remaining executor or executors may often continue administering the estate, depending on the wording of the will and the circumstances.

Where disagreements between co-executors prevent the proper administration of the estate, the Court may become involved. The Court's primary concern is ensuring the estate is administered efficiently and in accordance with the deceased's wishes. In some cases, if the disagreement becomes so significant that the estate cannot be properly managed, the Court may make orders to resolve the dispute or, where appropriate, remove and replace an executor.

For this reason, appointing multiple executors should involve more than simply choosing people you trust. It is equally important to consider whether they are likely to communicate effectively, cooperate, and work together throughout what can be a lengthy and sometimes complex estate administration process.

How the Process Works

Step 1: Choose Executors Who Can Work Well Together

The success of having multiple executors often depends less on their individual abilities and more on how well they can work as a team.

When deciding whether to appoint co-executors, consider whether they:

• communicate well with one another;

• are capable of making joint decisions;

• trust and respect each other's judgment;

• are willing to share responsibilities; and

• can remain focused on administering the estate despite family dynamics.

For example, appointing two siblings who have always worked well together may result in an efficient administration. On the other hand, appointing family members who have a history of conflict may increase the likelihood of disagreements and delays.

Step 2: Understand That Decisions Are Usually Made Together

Once they accept the appointment, co-executors generally share equal authority.

This means they are expected to work together when making significant decisions affecting the estate. Depending on the circumstances, this may include:

• applying for probate;

• collecting estate assets;

• opening estate bank accounts;

• retaining lawyers, accountants, or other professionals;

• selling or transferring estate property;

• paying debts and taxes; and

• approving distributions to beneficiaries.

Because each executor shares responsibility for administering the estate, communication is essential throughout the process.

Step 3: Divide the Work Without Dividing the Responsibility

Although co-executors may choose to divide day-to-day tasks, they generally continue to share responsibility for the administration of the estate.

For example, one executor may:

• communicate with financial institutions;

• organize estate records;

• meet with the accountant; or

• coordinate the sale of real estate.

The other executor may:

• communicate with beneficiaries;

• arrange appraisals;

• work with the lawyer;

• maintain estate accounting records; or

• assist with preparing information required for probate.

Dividing responsibilities can improve efficiency, particularly where one executor has experience with financial matters while the other has more time available to deal with administrative tasks.

However, both executors should remain informed about the administration and major decisions affecting the estate.

Step 4: Plan for Unexpected Circumstances

Even when co-executors work well together, circumstances can change.

One executor may:

• die before the estate is completed;

• become incapable of acting;

• move outside the country;

• decide to renounce the appointment before administration begins; or

• become unable to continue because of illness or personal circumstances.

For this reason, many wills also appoint one or more alternate executors. Having an alternate executor can help ensure the estate administration continues without unnecessary delay if one of the original executors is unable or unwilling to act.

Step 5: Resolve Disagreements Promptly

Even the most cooperative executors may occasionally disagree.

Disagreements commonly arise regarding:

• when to sell estate property;

• whether repairs should be completed before selling a home;

• hiring professional advisors;

• valuing personal belongings;

• investment decisions during the administration; or

• the timing of distributions to beneficiaries.

In many situations, these disagreements can be resolved through discussion and professional advice.

However, if co-executors are unable to reach agreement and the dispute prevents the estate from being properly administered, Court intervention may become necessary. This can increase both the cost and the time required to complete the estate administration.

Choosing executors who are likely to communicate openly and work collaboratively is one of the best ways to reduce the risk of these types of disputes.

Practical Examples

Example One: Two Adult Children Working Together

Michael appoints his two adult daughters as co-executors of his estate. One daughter is an accountant, while the other lives nearby and has more flexibility to deal with day-to-day matters.

Throughout the administration, they divide many of the practical tasks while making major decisions together. By communicating regularly and relying on each other's strengths, they are able to administer the estate efficiently and according to their father's wishes.

Example Two: A Spouse and an Adult Child

Karen appoints her husband and her adult son as co-executors.

Her husband is familiar with the family's finances, while her son has experience managing investment accounts and working with financial institutions. Together they administer the estate, ensuring that both financial decisions and family communication receive appropriate attention.

Example Three: When Co-Executors Cannot Agree

Three siblings are appointed as co-executors of their mother's estate.

Although they initially agree on most matters, they later become divided over whether to sell the family home immediately or wait until the real estate market improves. Months pass without a decision being made, delaying the administration of the estate.

After obtaining legal advice, the siblings participate in discussions that allow them to reach an agreement without requiring the Court to intervene. Had they remained unable to cooperate, Court involvement may have been necessary to allow the administration to move forward.

Common Mistakes

Appointing People Who Do Not Get Along

One of the most common mistakes is appointing multiple executors simply to avoid disappointing family members.

Parents sometimes feel obligated to appoint all of their children as co-executors to ensure everyone is treated equally. While this may seem fair, it can create significant challenges if the executors have difficulty communicating or resolving disagreements.

Before appointing multiple executors, consider whether they are genuinely capable of working together over what may be a year or more of estate administration.

Assuming More Executors Means Less Work

Having two or more executors does not necessarily reduce the workload.

Although the day-to-day tasks can often be divided, major decisions generally still require the executors to communicate, consult one another, and reach agreement. In some cases, coordinating multiple decision-makers can actually make the administration more time-consuming than appointing a single executor.

Choosing Executors Based Only on Family Relationships

Being a family member does not automatically make someone the best choice to administer an estate.

The ideal executor is someone who is organized, responsible, trustworthy, and capable of making sound decisions. When appointing co-executors, these qualities are just as important as maintaining family harmony.

Failing to Name an Alternate Executor

Even carefully chosen executors may become unable to act because of illness, death, relocation, or changing personal circumstances.

Including one or more alternate executors in your will provides additional flexibility and helps reduce delays if one of your original choices is unable or unwilling to administer your estate.

Overlooking the Complexity of the Estate

Some estates are relatively straightforward, while others involve businesses, multiple properties, significant investments, foreign assets, or ongoing trusts.

For larger or more complicated estates, appointing multiple executors may provide additional experience and oversight. However, it may also increase the need for cooperation and communication. Careful planning can help determine whether appointing one executor or several is more appropriate for your particular circumstances.

Costs and Considerations

Appointing more than one executor does not generally increase the cost of preparing a will. However, having multiple executors may affect the time and expense involved in administering the estate.

For example, additional costs may arise if:

• co-executors are unable to agree on important decisions;

• legal advice is required to resolve disagreements;

• Court applications become necessary;

• additional meetings are required to coordinate decisions; or

• delays result in increased administration expenses.

On the other hand, where co-executors work well together, sharing responsibilities can improve efficiency and reduce the burden placed on any one individual.

Every family is different. The decision to appoint one executor or several should be based on the complexity of your estate, the abilities of the individuals you are considering, and their ability to work collaboratively.

When Should You Speak With an Estate Lawyer?

Professional legal advice may be particularly valuable if:

• you are deciding whether to appoint one or multiple executors;

• you have a blended family;

• your estate includes a business or professional corporation;

• you own significant real estate or investment assets;

• you expect disagreements between family members;

• one or more proposed executors live outside Alberta or outside Canada;

• you are unsure whether your executors will be able to work together; or

• you are updating an existing will.

An estate planning lawyer can help you evaluate whether appointing co-executors is appropriate for your circumstances and ensure your will clearly reflects your intentions.

How Bridgestone Law Can Help

Choosing the right executor is one of the most important decisions you will make when preparing your will. While appointing more than one executor can provide additional support and oversight, it can also create challenges if the individuals are unable to cooperate effectively. Careful planning helps ensure your estate can be administered efficiently while reducing the likelihood of unnecessary disputes or delays.

Bridgestone Law assists individuals and families throughout Calgary and Alberta with wills, estate planning, probate, and estate administration. We can help you determine whether appointing one executor or multiple executors is the right choice for your circumstances and prepare a comprehensive estate plan that reflects your wishes while providing clarity for your family and those responsible for administering your estate.