When Several Executors Must Act as One

The will appointed three executors.

One lived near the deceased’s home and immediately began organising paperwork. Another lived overseas and wanted every decision documented before agreeing to it. The third was also a beneficiary and believed the house should be transferred to the family rather than sold.

Within two weeks, they were no longer discussing how to administer the estate. They were arguing about who was in charge.

Multiple executors can provide valuable checks and balances. They can divide the workload, contribute different skills and reduce the risk of one person making major decisions without scrutiny. However, the arrangement can also slow an estate dramatically when the executors have different expectations about authority, communication and responsibility.

In New Zealand, co-executors are not usually ranked according to age, family status or who appears first in the will. Once several executors obtain probate, they hold legal responsibility for the administration together.

One may manage the spreadsheets and another may handle the house, but they remain jointly accountable for what happens to the estate.

## Start by Reading the Executor Appointment Carefully

Before assuming every named person must act, read the full executor clause and any codicils.

A will may appoint:

– Several executors to act together
– A primary executor and one or more substitutes
– Different executors if a first appointment fails
– An individual and a professional executor jointly
– Separate people for general administration and continuing trusts

A substitute executor does not necessarily act merely because they are named. Their appointment may become effective only if another executor dies, renounces or cannot act.

Check:

– Which appointments are immediate
– Whether any executor has died
– Whether a named person is under 18
– Whether an executor lacks capacity
– Whether a later codicil changes the appointments
– Whether anyone wishes to renounce
– Whether every executor can be located

Do not begin preparing the probate application until the position of every named executor has been identified.

## Do All Executors Have to Apply for Probate?

Not always.

Where several executors are named, some may apply while another formally renounces or does not prove the will at that stage. The probate documents must still account for every executor.

An executor cannot simply disappear from the application because they are busy, live overseas or dislike paperwork.

The available pathways can include:

### All executors apply together

This is often appropriate where everyone is willing and able to take full responsibility.

### One executor renounces

Renunciation is the formal abandonment of the right to act. It should be completed before that person has substantially administered the estate.

### An executor does not initially prove the will

In some circumstances, another executor may obtain probate while a non-proving executor retains the possibility of applying later. This is different from permanently renouncing.

### A substitute executor applies

A substitute may become entitled where the will’s stated condition for substitution has been met.

The correct probate wording depends on the facts. Informal family agreement is not a substitute for addressing each appointment properly.

## Joint Responsibility Begins With Joint Understanding

Co-executors should meet early, preferably before major decisions are made.

The first discussion should establish:

– Who has the original will
– Whether probate is required
– Which executors will apply
– Who will secure the property
– Who will contact banks and insurers
– How expenses will be approved
– Where records will be stored
– How frequently updates will be shared
– How urgent decisions will be handled
– Whether professional assistance is needed

Prepare written minutes or a summary email after the meeting.

A simple administration plan might allocate tasks as follows:

– Executor one manages documents and court correspondence.
– Executor two handles the property inventory and insurance.
– Executor three maintains estate accounts and beneficiary updates.
– All executors approve sales, distributions and significant expenditure.

This division saves time while preserving collective oversight.

## Delegating Work Is Not Delegating Legal Responsibility

Executors can divide practical tasks. They can also employ lawyers, accountants, valuers, property agents and other professionals where reasonably required.

What they generally cannot do is surrender the entire executorship to one person and stop paying attention.

An executor who says, “The others handled everything, so it was not my problem,” may still face questions if:

– Estate property disappears
– A house is sold at an undervalue
– Beneficiaries are paid prematurely
– Tax remains unpaid
– A known claim is ignored
– Estate funds are misused

Delegation should therefore include reporting and review.

The executor managing the estate account should provide regular statements. The executor supervising the home should circulate inspection notes and photographs. The person dealing with probate should share every court communication.

Nobody should hold critical information privately.

## Must Every Decision Be Unanimous?

Co-executors should distinguish between routine administration and major decisions.

One executor may be authorised practically to:

– Request an account balance
– Obtain an insurance quotation
– Arrange a property inspection
– Gather documents
– Book a valuation
– Answer ordinary correspondence

Major decisions should be discussed and approved collectively, particularly where they involve:

– Selling land
– Accepting a property offer
– Transferring an asset to a beneficiary
– Settling a legal claim
– Making an interim distribution
– Paying executor remuneration
– Abandoning or compromising a debt
– Entering a significant contract
– Distributing personal possessions in dispute
– Closing the estate

Banks, investment providers and property professionals may require instructions or signatures from all proving executors. Their procedures may be stricter than the minimum legal position because they need assurance that the instruction is authorised.

The safest administration is one in which all major decisions are recorded clearly, even where a transaction could technically be completed with fewer signatures.

## Can One Executor Sign for Everyone?

Being the most active executor does not automatically create authority to sign on behalf of the others.

One co-executor should not:

– Copy another executor’s signature
– Sign another executor’s name
– Approve a transaction while claiming everyone agreed
– Use another executor’s digital login
– Tell a bank that they are the sole decision-maker
– Sign a joint affidavit without the other applicants

A properly drafted authority may allow one executor to perform limited administrative functions. However, a private delegation does not necessarily bind a bank, court, purchaser or land registration process.

Confirm each organisation’s requirements before preparing documents.

Remote or overseas co-executors should be included early so that witnessing and courier delays do not threaten settlement dates.

## Open Communication Prevents Parallel Administration

A common problem arises when each executor starts contacting organisations independently.

One executor asks the bank to close an account. Another asks the same bank to keep it open. A third supplies a different address for correspondence.

The result is confusion and additional identity checks.

Create a single communication register recording:

– Organisation contacted
– Date
– Executor responsible
– Information supplied
– Documents requested
– Next action
– Deadline
– Current status

Choose one central email address or copied email group for estate communications where practical.

Important messages should go to every executor. This includes:

– Court requisitions
– Property offers
– Creditor demands
– Tax assessments
– Claim notices
– Proposed distributions
– Changes in insurance
– Reports of missing property

An executor should never withhold significant information to gain leverage in a disagreement.

## Managing the Estate Bank Account

Estate money should be kept separate from personal funds.

Where several executors have probate, the bank may require all of them to complete identification and account-opening procedures. It may also set rules for payment authorisation.

The executors should agree on controls such as:

– How many approvals are required for payments
– Who prepares payment instructions
– Who checks supporting invoices
– How bank statements are circulated
– How personal expenses are reimbursed
– What spending limit requires full approval

A two-stage process can be useful. One executor enters or proposes a payment, and another checks and authorises it.

Every transaction should be linked to an invoice, receipt or written explanation.

No executor should use the account for personal purchases, even temporarily. Estate money does not become available for informal loans because one executor is also a beneficiary.

## Preventing Property Disputes

Personal belongings often create the first serious disagreement.

One executor may support a relative’s claim to jewellery. Another may believe every item should be sold. A third may want to divide contents without obtaining values.

Before distributing anything:

1. Prepare a room-by-room inventory.
2. Photograph significant items.
3. Check the will for specific gifts.
4. Identify disputed ownership.
5. Obtain valuations where appropriate.
6. Confirm that estate debts can be paid.
7. Record the agreed transfer or sale.

Executors should not allow one another to remove property without documentation.

An executor who wants an estate asset personally has a conflict of interest. The other executors should manage the process independently, obtain reliable value information and record why the transaction serves the estate.

A private sale at a discounted price can expose all executors if they approved it without proper safeguards.

## Selling the Deceased’s Home

A property sale commonly tests whether co-executors can work together.

They may disagree about:

– Whether the house should be sold
– The timing of the sale
– Repairs
– The method of marketing
– The listing price
– Which offer to accept
– Whether a beneficiary should buy it
– How long to wait for a better offer

The starting point is the will and the estate’s financial position.

A sale may be necessary to pay debts or divide the residue. In other estates, the will may permit or direct a transfer to a beneficiary.

The executors should obtain reliable information about value and condition. Meeting notes should record:

– Valuations received
– Recommended sale strategy
– Repairs considered
– Offers received
– Advice obtained
– Reasons for accepting or rejecting an offer

Disagreement does not justify leaving the property uninsured or unmaintained. Protective work should continue while the broader decision is resolved.

## What If One Executor Refuses to Sign?

A refusal is not always unreasonable.

The executor may believe:

– The price is too low
– The accounts are incomplete
– A claim has not been addressed
– The estate cannot yet afford the payment
– A proposed transaction benefits another executor
– Important information is missing

Ask the objecting executor to state their concerns in writing.

A useful response should identify:

– The decision being disputed
– The information still required
– The preferred alternative
– Any professional advice supporting the objection
– A reasonable timeframe for resolution

This separates a genuine fiduciary concern from delay based on personality or hostility.

The other executors should not conceal documents, pressure the person through beneficiaries or proceed secretly.

## What If One Executor Does Nothing?

Passive executors can be as disruptive as openly disagreeing ones.

An executor may stop responding, delay signatures or repeatedly say they are too busy. Meanwhile, bills continue and estate property remains unsold.

Begin with a formal written request that states:

– The action required
– Why it is necessary
– The documents supplied
– The deadline
– The consequences of continuing delay

Offer practical options, such as a scheduled video meeting or electronic document review where legally appropriate.

If the executor has not yet obtained probate, renunciation or another non-proving arrangement may be considered.

If probate has already been granted, the position becomes more complicated. An executor cannot necessarily withdraw through a simple letter once actively appointed and proven.

Persistent inaction may require court intervention.

## Resolving Executor Disagreements

Not every disagreement needs litigation.

A structured approach can include:

### Exchange the evidence

Share valuations, bank records, legal advice and the relevant will clauses.

### Define the decision

Avoid arguing broadly about who has managed the estate badly. Identify the specific issue requiring resolution.

### Obtain independent advice

A neutral valuation, tax opinion or legal interpretation may resolve the dispute.

### Hold a formal executor meeting

Use an agenda, record decisions and set deadlines.

### Consider mediation

A neutral mediator can help executors reach a practical arrangement without asking a court to choose for them.

### Seek court directions

Where the executors cannot safely decide, an application for judicial directions or other relief may be necessary.

The court process should not be used as a threat whenever someone asks a difficult question. It becomes relevant when the deadlock is causing loss, preventing administration or creating an unacceptable legal risk.

## Can a Co-Executor Be Removed?

Removal is possible, but it is not a punishment for being unpopular or cautious.

Court intervention may be considered where an executor:

– Misuses estate property
– Refuses to administer the estate
– Creates serious and continuing deadlock
– Has an unmanageable conflict
– Fails to account
– Acts dishonestly
– Places estate assets at risk
– Becomes incapable of acting
– Prevents the estate from being completed

The central concern is the proper administration of the estate and the welfare of those interested in it.

A court may consider whether the difficulties can be resolved through directions, limited orders, the appointment of an additional administrator or another less drastic measure.

Detailed evidence will be required. General statements that an executor is “impossible” are unlikely to be enough.

## Can the Executors Settle a Claim by Majority Vote?

A legal claim against the estate should not be settled informally by whichever side has more executors.

The executors must consider:

– The legal basis of the claim
– The available evidence
– The amount at risk
– The cost of defending it
– The effect on all beneficiaries
– Any executor’s personal conflict
– Whether court approval is needed

An executor who is also the claimant, or whose inheritance depends heavily on the result, should not control the estate’s response without safeguards.

Separate legal advice may be necessary for the estate and for personally affected executors.

Settlement should be properly documented. An oral family compromise may not resolve the legal rights involved.

## Joint Liability Means Everyone Should Keep Watch

Several executors can provide protection through oversight, but only when they actually exercise it.

Warning signs that should never be ignored include:

– Missing bank statements
– Unexplained withdrawals
– Cash payments without receipts
– Property removed from the home
– A sale to an executor’s associate
– Beneficiary payments before debts are known
– Failure to deal with tax
– Silence about a threatened claim
– An executor refusing access to records

A co-executor who discovers a problem should raise it promptly and preserve the evidence.

Remaining silent because confrontation feels uncomfortable can allow the loss to grow. It may also make it harder for the passive executor to show that they acted responsibly.

## A Practical Co-Executor Agreement

At the beginning of the estate, record an administrative agreement covering:

– Task allocation
– Decision categories requiring joint approval
– Spending limits
– Bank controls
– Communication frequency
– Document storage
– Property access
– Beneficiary updates
– Conflict-disclosure procedures
– Steps for resolving disagreement

This agreement does not rewrite the will or remove anyone’s legal duties. It creates a shared operating process.

Review the arrangement after probate and again before any major distribution.

The goal is not to make every executor perform every task. It is to make sure that every executor understands, approves and can account for the important work.

Multiple executors succeed when they act as a team without pretending they are interchangeable. Each can contribute different skills, but no one should become invisible, dominant or uninformed.

## Frequently Asked Questions

### 1. Do all named executors have to apply for probate?

Not necessarily. Some may apply while another formally renounces or does not prove the will initially. The probate application must still explain the position of every named executor.

### 2. Does the first executor named in the will have more authority?

Usually, no. Being listed first does not automatically make someone the senior executor. Co-executors who receive probate generally share responsibility for administering the estate.

### 3. Can co-executors divide the work?

Yes. One may handle accounts while another manages property or communications. Dividing tasks does not remove the other executors’ responsibility to supervise significant decisions and remain informed.

### 4. Must every executor sign every document?

Not every routine document necessarily requires every signature. Requirements depend on the transaction, the grant, the will and the organisation involved. Banks, property professionals and other institutions may require instructions from all proving executors.

### 5. Can one executor make an urgent decision alone?

Reasonable urgent action may be needed to prevent immediate loss, such as securing a broken door or reporting damage. The other executors should be informed promptly, and the action and expense should be documented.

### 6. What happens when co-executors disagree about selling a house?

They should review the will, the estate’s debts, valuations and professional advice. A structured meeting or mediation may resolve the issue. Serious deadlock that prevents administration may require court directions.

### 7. Can a co-executor resign after probate?

Withdrawing after probate has been granted is more complicated than renouncing beforehand. The executor may need court approval or another formal process and should not simply stop participating.

### 8. Can an executor be removed for refusing to cooperate?

Potentially, where refusal, misconduct, incapacity or serious deadlock prevents proper administration. Removal is a significant court remedy and requires evidence that intervention is needed to protect the estate.