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 final wishes, handling paperwork, dealing with assets, and communicating with beneficiaries. In British Columbia, it is legal to name more than one executor, and some people choose to do so for personal or practical reasons. But is it always the right choice?
Deciding whether to appoint one or multiple executors requires careful thought. While there are potential benefits to sharing the role, there can also be complications if things do not go smoothly. In this article, we will explore the pros and cons of naming more than one executor in your BC will and help you make an informed decision that fits your situation.
What Does an Executor Do?
Before looking at whether you should name more than one, it helps to understand what an executor is responsible for. In BC, an executor’s duties include:
- Locating the will and applying for probate if needed
- Notifying beneficiaries and relevant institutions
- Identifying and securing assets
- Paying off debts and taxes
- Distributing the estate according to the will
- Keeping records and providing financial accounts
This role requires honesty, organization, patience, and often some legal or financial literacy. The workload can be heavy, especially for larger or more complex estates. That is one reason some people consider naming co-executors.
Why People Choose Multiple Executors
There are a few common reasons why someone might want to name more than one executor.
To Keep Things Fair
Parents with more than one child sometimes appoint all children as co-executors to avoid showing favoritism. While this may seem like a fair approach, it can cause delays or disagreements if the siblings do not get along or have different views on how the estate should be managed.
To Combine Strengths
Sometimes people want to pair someone with legal or financial experience with someone who knows the family well. For example, naming a close friend and a professional advisor together could offer both familiarity and technical skill.
For Backup or Shared Workload
In some cases, appointing two or more people ensures that if one person is unavailable, the others can still move forward. Sharing the role also means the responsibilities can be divided, making it less stressful for everyone involved.
Pros of Having More Than One Executor
Shared Responsibility
Handling an estate is a big job. When there are two or more executors, they can divide tasks based on skill or availability. One may deal with real estate while another handles paperwork or banking.
Built-In Oversight
Having more than one executor provides a second set of eyes. This can reduce the chance of mistakes or fraud and may increase trust among beneficiaries who might otherwise question one person’s decisions.
Family Unity in Some Situations
If the co-executors communicate well and have a good relationship, working together can help them feel involved and respected. This may strengthen family ties during a difficult time.
Cons of Having More Than One Executor
Slower Decision-Making
When two or more people need to agree before taking action, delays can happen. If the executors do not live in the same city or are busy with other responsibilities, it can be hard to keep things moving efficiently.
Risk of Disagreements
Even close family members can clash when dealing with estates. Emotions often run high, and differences in opinion can lead to conflict. Disagreements between co-executors may need to be resolved through legal channels, which takes time and money.
More Paperwork and Coordination
Having multiple executors may mean more forms need to be signed by each person. In some cases, banks and institutions require all named executors to act jointly. This can be inconvenient and lead to frustration, especially if one executor is travelling or unavailable.
Potential for Uneven Contribution
One co-executor may end up doing most of the work while the other is less involved. This can create tension or resentment, especially if the compensation is shared equally.
Options for Balancing the Role
If you like the idea of having more than one executor but are concerned about potential issues, there are ways to structure the roles to reduce conflict.
Appoint One Primary and One Alternate
This is often the simplest approach. You name one executor and then name an alternate who steps in only if the first person cannot or does not want to act. This keeps the process smooth but still provides a backup.
Allow Executors to Act Independently
You can include language in your will that allows your executors to act separately rather than requiring them to agree on every decision. This offers more flexibility and can reduce delays. However, it does require a high level of trust between the co-executors.
Limit Responsibilities
You can also name one executor for general duties and another for specific tasks, such as managing a business or selling a particular property. This way, each person only handles the part they are best suited for.
Factors to Consider When Choosing Co-Executors
If you are thinking about naming more than one executor, ask yourself these questions:
- Do the individuals you are considering get along?
- Are they comfortable communicating and making joint decisions?
- Do they live near each other or near the estate’s assets?
- Are they both willing and able to take on the role?
- Do they have the time and organizational skills required?
Think about their personalities, schedules, and how well they might work together under stress. While equal treatment among family members can feel important, it should not come at the expense of efficiency and clarity.
Making It Legal
To make your decision legally binding, your executors must be named clearly in your will. The document should specify whether they must act jointly or if they can act separately. It is also wise to include backup executors in case one or more cannot serve.
A lawyer can help you draft your will in a way that reflects your wishes and anticipates possible challenges. Each estate is different, and professional guidance helps you avoid common mistakes that might lead to delays or disputes later on.
Final Thoughts
Naming more than one executor in your will can be helpful in some situations, but it is not always the best solution. The key is to choose people who can work together and who understand what is expected of them. Whether you go with one executor or several, your decision should reflect your unique circumstances and the needs of your estate.If you would like help choosing the right executor or updating your will to reflect your current wishes, the team at Taylor Law Group is here to guide you. We work with individuals and families across British Columbia to build clear and thoughtful estate plans that work when they are needed most.
