Updated 25 October 2026
CM Law's Ultimate 50 List: Making a Will #34 - Can I appoint co-executors in my will?
Back to the 50 most asked questions about making a will
Yes. You can appoint more than one executor in your NSW will. Co-executors share responsibility for administering the estate, which can provide practical support and a balance of power. The arrangement works best when the people you choose are trustworthy, organised and able to cooperate.
Two executors can bring different skills and perspectives to important decisions. However, adding a second name does not automatically prevent misconduct or disagreement. Their relationship, the wording of your will and their approach to the role are all important.
Christine on creating a balance of power
Christine Manolakos notes that appointing two suitable executors can create a useful balance of power. Each can ask questions, review information and help ensure that significant decisions receive proper consideration. This can give families greater confidence that one person is not managing everything without meaningful oversight.
The benefit depends on both executors being willing to participate. If one controls the records while the other signs documents without reading them, the intended safeguard may offer little protection. Both should understand the estate’s position and be comfortable raising concerns.
Balance also requires cooperation. Appointing two people who are already in serious conflict can create a deadlock rather than effective oversight. The aim is to select people who can question each other constructively and still carry out your wishes.
The responsibilities of joint executors
Executors locate the will, identify and protect assets, deal with liabilities, obtain probate where needed and distribute the estate according to the will. They must also address tax obligations and maintain appropriate records. The NSW Government’s executor guide explains these responsibilities.
Sharing the role does not make either person merely an observer. Each should understand the administration and seek advice where necessary. Executors may also become trustees of continuing trusts, such as a trust holding a child’s inheritance until a specified age. That longer responsibility should be considered before appointing them.
Choose people who can work together
Look beyond family seniority or the desire to treat every child identically. An executor appointment is a responsibility, not a reward. Someone can receive an equal inheritance without being appointed to administer the estate.
Consider honesty, availability, attention to detail and willingness to communicate. Complementary skills may help: one person might be comfortable with financial records while another is better placed to organise property access. Living interstate or overseas can create practical coordination issues that should be discussed before appointment.
Ask each proposed executor whether they are willing to act and whether they can work with the other person. Explain the likely assets, any family tensions and whether the will creates ongoing trusts.
How decisions and signatures should be handled
Do not assume that every appointment of multiple executors operates in exactly the same way. Legal Aid NSW distinguishes joint appointments, involving agreement, from joint and several arrangements, under which decisions may be made together or individually. Have your solicitor explain the intended structure and draft it appropriately.
The will’s wording is not the only consideration. The particular transaction, applicable law, probate grant and any continuing trusteeship may affect whose participation or signature is required. A power to perform some acts separately should not be treated as permission to exclude another executor from information.
If your purpose is mutual oversight, discuss how important decisions will be documented and communicated. Appointing three people does not, by itself, establish a majority-voting system. Equally, dividing routine tasks does not necessarily authorise one person to sign every document alone.
Share the work and maintain clear records
Co-executors can agree who will gather bank statements, organise valuations, contact advisers and communicate with beneficiaries. A shared task list can identify deadlines and prevent work being duplicated or overlooked.
Both should have access to relevant correspondence, invoices and estate accounts. Record significant decisions and the reasons for them, particularly where a property sale or proposed distribution may be questioned.
Legal Aid NSW’s estate distribution guidance explains the importance of proper financial records. Keep estate money separate from personal funds and obtain advice before distributing assets while debts, tax or potential claims remain unresolved.
Being both an executor and a beneficiary
A beneficiary can also be an executor. That is common in family wills, but it does not permit the person to give their own inheritance priority over the estate’s proper administration.
A proposed purchase of estate property by an executor, a disputed debt owed to the estate or a claim against the will can create particular conflicts. Obtain independent advice before proceeding. Having a second executor does not automatically resolve a conflict or make a transaction fair. Both must approach decisions consistently with their legal duties.
If one executor does not want to act
Being named in a will does not force someone to accept the appointment. A person who wishes to step aside should obtain advice promptly, before becoming involved in administering the estate. Renunciation involves a formal process; it is not simply telling the other executor to take over. Once probate has been granted, an executor cannot simply renounce the appointment.
Depending on the circumstances, probate may be granted to one executor with leave reserved to another to apply later. Section 41 of the Probate and Administration Act 1898 provides for probate to be granted separately or at different times. Reserved leave is different from renouncing.
The Legal Aid NSW probate guide explains the position where a named executor cannot or will not act. The will should also address suitable substitutes.
What happens when executors disagree
Identify the actual issue early: it may concern a valuation, the timing of a sale, missing records or the interpretation of the will. Written advice or mediation may help the executors reach an informed agreement.
Where disagreement prevents proper administration, court assistance may be necessary. The Law Society of NSW explains that executors can seek judicial advice under section 63 of the Trustee Act 1925 about estate management or interpretation.
Serious breakdown can also lead to replacement of the people administering the estate. The court’s concern is proper administration and beneficiaries’ interests. Mere personal dislike is different from a dispute that prevents essential decisions.
A real NSW case about executor deadlock
In Farah v Farry [2026] NSWSC 541, three siblings were executors and beneficiaries of their mother’s estate. Their relationship had broken down, and they could not agree on addressing contamination at the estate’s remaining property or proceeding with its sale.
The court identified repeated failures to cooperate, including one executor arranging work without the others’ agreement. Administration had stalled. The court revoked the grant of probate and appointed an independent solicitor as administrator.
The practical lesson is that multiple appointments create an opportunity for oversight, but cooperation remains essential. Sharing information and responding to professional advice matter just as much as the number of executors named.
Consider alternatives and review the appointment
Two suitable executors may be appropriate, but another option is one executor with a clearly named substitute. A substitute generally steps in when the conditions in the will are met, rather than sharing day-to-day responsibility from the outset.
An independent professional may be worth considering where family relationships or estate assets create difficulties. Confirm whether the professional accepts appointments alongside another executor; not every provider offers that arrangement. Also distinguish appointing a solicitor as executor from engaging a solicitor to advise family executors.
Review appointments after significant changes in health, relationships or location. Tell your executors where the signed will is stored, and check that they remain willing and able to carry out the role.
Speak with CM Lawyers
Our wills and estates team can help you choose executors, structure their appointment and plan for substitutes or potential disagreements. Contact CM Lawyers on (02) 9557 9000 or email lawyers@cmlaw.com.au. Our office is at Level 3, Unit 3.07, 18–30 Faversham Street, Marrickville NSW 2204.
This article provides general information about NSW law and is not a substitute for legal advice about your circumstances.
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