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In most situations, its not a good idea to name co-executors. When youre making your will, a big decision is who you choose to be your executorthe person who will oversee the probate of your estate. Many people name their spouse or adult child. You can, however, name more than one person to serve as executor.
People usually designate one person to serve as the executor of their will, but it is also possible to designate two or more co-executors. Most lawyers advise that one executor is best, as it avoids potential disputes, but there are situations where it may make sense to appoint co-executors.
Co-executors are legally required to work together Co-executors will need to work together to deal with the estate of the person who has died. If one of the executors wishes to act alone, they must first get the consent of the other executors.
Can I serve as independent executor without an attorney representing me? Probably not. Most courts will not allow a person to act in a fiduciary capacity without an attorney.
Co-executors are legally required to work together It isnt legally possible for one of the co-executors to act without the knowledge or approval of the others. Co-executors will need to work together to deal with the estate of the person who has died.
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You can provide that your co-executors must act together or that each may act independently of the others. If you designate three or more co-executors, you can allow action to be taken by a majority vote.
Often, when making a Will and deciding what will happen to their Estate when they die, a person will appoint more than one Executor. The Executors will usually be trusted friends or family members or a professional, such as a solicitor. It can be advantageous to have more than one Executor administering your Will.
However, executors are jointly responsible for the actions of any of them, regardless of what any individual executor does. So while one executor can act alone, they can only act with the consent of the others.
Where there are multiple executors, they can act on their own (severally) or as a group (jointly). However, the act of one of them is deemed in law to be an act of all of them. This means that even if the other executors disagree with the action/decision of another, the action/decision is still binding.
Where there are multiple executors, they can act on their own (severally) or as a group (jointly). However, the act of one of them is deemed in law to be an act of all of them. This means that even if the other executors disagree with the action/decision of another, the action/decision is still binding.

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