Do Co-Executors Have to Agree on Everything in Alberta?

Being named as one of several executors can feel like a shared job, and it is. In Alberta, the law uses the term personal representative for the person who administers an estate, and when more than one is named, they have to work as a team. That raises practical questions about who can sign, who can sell, and what happens when two people see things differently.

This article explains the main rules for co-representatives and for beneficiaries who are dealing with them. It covers the unanimity rule, what happens when someone dies or steps aside, and where to turn when the group cannot agree. Every estate is different, so a lawyer can confirm how these rules apply to yours.

This article covers the law of Alberta.

The general rule: unanimity

Under section 37 of the Estate Administration Act, co-personal representatives must act unanimously unless the will or the Court orders otherwise. In plain terms, one co-executor generally cannot sign, sell or decide on their own.

The exception matters, because the will or the Court can provide for a different arrangement. Read the will closely before assuming that everyone must agree on everything, and ask a lawyer if the wording is unclear.

Once a grant has issued, only the personal representatives named in it may act for the estate, until the grant is revoked or the representative is discharged. Someone who was named in the will but is not named in the grant has no authority to act.

Shared duties apply to each of you

Working together does not dilute anyone's responsibilities. Each personal representative must act honestly and in good faith, follow the will, use ordinary prudence and distribute the estate as soon as practicable. A representative with a higher professional skill level, such as a trust company, must use that higher skill when acting professionally.

The core tasks are the same for all of you:

• Identify the estate's assets and liabilities.
• Administer and manage the estate.
• Satisfy the estate's debts and obligations.
• Distribute the estate and account for the administration.

A personal representative is liable for the duties and liabilities imposed by the Act, the will, other law or the Court, and can be compelled to discharge them. Leaving the work to a co-executor is not a safe plan.

When a co-executor dies, steps aside or does not act

If a co-personal representative dies, authority vests in the surviving personal representatives. The estate does not stall just because one person is gone.

Other situations are handled differently:

A person who renounces loses authority, including trusteeship authority unless it was expressly reserved. Before deciding to renounce, it is worth getting advice on what that means for your role.

Deadlock, non-performance and the Court

If you cannot agree, you do not have to guess. A personal representative may apply to the Court for advice or direction on any question about managing or administering the estate, and acting on that direction discharges the duty. The exception is a direction obtained by fraud, concealment or misrepresentation. Under Surrogate Rule 4, a personal representative or a person interested in the estate may apply for directions at any time.

If a representative fails to give required notice or to perform duties, the Court may, on application, order compliance, impose conditions, remove the personal representative, revoke a grant or make other orders. Who can bring that kind of application depends on your situation, so it is worth confirming with a lawyer.

Good-faith payments and conveyances made under a grant before its revocation remain valid. That protection helps people who dealt with the estate in good faith.

Bonds, compensation and next steps

A non-resident personal representative generally must provide a bond or other security. However, no bond is needed if one of two or more representatives is resident in Alberta. Having an Alberta co-executor can therefore change the security picture.

On pay, personal representatives may receive fair and reasonable compensation, and the rules set no percentage or fixed fee. One factor the rules list is the number of personal representatives named, along with the estate's value, complexity, skill required and time spent. If the will fixes compensation, no greater amount can be charged unless the affected beneficiaries agree or the Court orders it.

• Read the will for any rule on how co-executors decide.
• Confirm who is actually named in the grant.
• Keep written records of decisions and who agreed to them.
• Talk early about roles, so work is shared fairly.
• If you reach deadlock, consider asking the Court for directions.
• Get legal advice before renouncing or applying to remove someone.

Frequently asked questions