Co-Executors in the U.S. and B.C.: Unanimity Rule

Two of the three sons who co-execute a B.C. man's will now live in the United States, and he wants to know whether that will complicate estate administration. The FP Answers column says it can, and the main issue is not just the distance.

Estate trustees in British Columbia, also called personal representatives, must make decisions unanimously, the column said. All three sons have to agree and sign every legal document. The will can potentially include a majority decision rule, though a lawyer has to vet whether that clause is enforceable in the province.

Geography makes the unanimity rule harder to execute. Two trustees living outside the jurisdiction can delay a home sale or a business closing, since each transaction requires their signatures and, often, their physical presence. The column recalled an estate with three professional executors. None of them wished to quit before they started working, and all wanted to honour their promises. Scheduling conflicts meant it took months to meet with all three.