If someone names their two adult kids as executors together so neither of them would feel left out, that’s fair enough. But what if, after losing their parent, they cannot agree on whether to sell the family home? One wants it on the market next week. The other will not budge. And everything has ground to a halt.
In New South Wales, executors named jointly in a will must act as one. Neither can go it alone on the big decisions. So when two of them deadlock, nothing moves until it is broken, and there are only a handful of real ways to break it: renounce the role before you have touched the estate, apply for probate with leave reserved for the other, or apply to the court to have an uncooperative co-executor removed or passed over. This page walks through each one.
I have sat across the table from more stuck co-executors than I can count. Let’s unpack how that really looks.
What ‘joint’ actually forces on the executors
When a will names two or more people as executors together, the law treats them as a single office, not as separate decision-makers with their own lanes. That is the part people miss. You are not two executors running two halves of the estate. You are one executor made up of two people, and the estate cannot act unless you act together.
So what does that mean in practice? Unless there is co-operation, the house does not get sold, the shares do not get transferred, the money does not leave the estate account, until both of you sign off. One co-executor cannot quietly push a sale through while the other objects. This is deliberate. It is a check and balance, built to stop any one person running off with the estate. The catch is that the same safeguard is exactly what leaves people stuck when the two cannot see eye to eye.
If you want the full picture of the role before you go further, the NSW Government’s guide for executors covers the ground, and our own explainer sets out what an executor does.
How many executors can you have?
You can name as many executors as you like. You will read in a lot of places that NSW caps a grant of probate at four executors. That cap is an English rule, and it does not apply here. In NSW there is no statutory limit on how many executors can be granted probate for the same estate.
The real limit is practical, not legal. Every extra name is another signature on every document and another person who can dig in. Two is plenty for most estates: you get a backup if one cannot act, without turning each decision into a committee meeting. Where the will names several executors, the usual course is that they all apply together, and any who do not want to act now can have their right to apply later reserved.
Probate and estate administration in NSW sit under the Probate and Administration Act 1898 (NSW) and the Succession Act 2006 (NSW). The Supreme Court of NSW sets out how multiple executors apply on its probate pages.
Can one executor act alone, or do both have to sign?
No, and yes, in that order.
For significant matters, one executor cannot act without the other. Applying for probate, selling or transferring property, withdrawing from the estate account: these need both of you. Where a will names more than one executor, they must apply for probate jointly unless one has died, renounced, or is unable or unwilling to act (applying for probate, Legal Aid NSW).
Both co-executors typically need to sign the probate application, property documents, and any withdrawal from estate accounts. Minor administrative tasks can be split up between you, sure. But the decisions that actually move money or property need both signatures. That is the rule, full stop.
Does ‘majority rule’ apply?
This is where a lot of people get caught out. They have heard that if there are three executors, two can outvote the third. That is not the default.
The default is the opposite. Co-executors must act jointly and unanimously. One cannot outvote another, and two cannot steamroll a third, unless the will itself expressly builds in majority decision-making. Some wills do exactly that: they include a clause saying decisions can be made by a majority of executors. If yours does, that clause governs. If it does not, and most do not, then you are back to needing everyone to agree.
So do not assume the numbers save you. Check the will. Absent a majority clause, a single dissenting co-executor can hold the whole estate up.
What happens when co-executors cannot agree?
This is the question that actually keeps people up at night, and it is the one most pages skip. If you are locked in with a co-executor who will not cooperate, here are the real exits, roughly in the order you would consider them.
- Renounce the role, but only before you have started. If you have not yet taken any step to administer the estate, you can formally step down. The catch: once you have started acting as executor, dealing with assets, paying debts, what the law calls intermeddling, you generally lose the right to renounce. So if you know from the outset you cannot work with the other person, deal with it early, before you have touched anything.
- Apply for probate with leave reserved. One executor can apply for the grant now, with leave reserved for the other to come in and prove later if they choose. This lets the estate move without forcing an unwilling or absent co-executor out entirely. It sits under s 41 of the Probate and Administration Act 1898 (NSW).
- Apply to the court. If a co-executor is obstructive, absent, or acting against the estate’s interests, you can apply to the Supreme Court of New South Wales to have them removed or passed over. The Court supervises executors and has the power to step in. This is the heavier option, so it is usually a last resort once the others are off the table.
- Survivorship. If one co-executor dies, the surviving executor can generally carry on and administer the estate alone. The office does not collapse; it continues in the survivor.
If the disagreement is really about the will itself rather than how it is administered, that is a different path, and you would look at whether someone has grounds to contest the will.
How to set it up so this never happens
If you are the one writing the will, a bit of thought now saves your family a lot of grief later.
- Pick executors who can actually work together. Naming both children ‘to be fair’ is the classic trap. Fair on paper, a nightmare in practice if they do not get on.
- Consider naming one primary executor with the other as a substitute, rather than two acting jointly, if you have any doubt they will agree.
- If you do want two acting together, talk to your lawyer about whether a majority-decision clause makes sense for your situation.
- Name a backup either way, so the estate is not stranded if your first choice cannot act.
If you are already stuck as a co-executor, do not let it fester. The longer a deadlock runs, the more it costs the estate and the more it poisons the family. Book in a chat with me and my team, no pressure, no judgment, just honest advice on where you stand and the fastest clean way out. You can also read more about how we help on our wills and estates lawyers page. Free discovery call on 1300 614 732.
Frequently Asked Questions
What are joint executors of a will in NSW?
Joint executors are two or more people named in a will to administer an estate together. In NSW they form a single office and must act as one, which means neither can make major decisions, sell property, or move estate money without the other agreeing and signing.
Can you have two executors of a will?
Yes. You can name two, and in fact any number, in the will. There is no NSW statutory cap on how many executors can be granted probate for the same estate, but every extra name is another signature on every decision. Two is the common and practical choice: it gives a backup without turning every decision into a committee.
Do both co-executors need to sign?
For the significant steps, yes. Both co-executors typically need to sign the probate application, property transfers, and any withdrawal from the estate account. Minor administrative tasks can be divided between them, but anything that moves money or property generally needs both signatures.
Can one executor act without the other in NSW?
Not on the big decisions. Joint executors must act together, so one cannot sell assets or apply for probate alone unless the other has died, renounced, or is unable or unwilling to act. In that case one executor can apply, sometimes with leave reserved for the other to come in later.
What happens if two executors cannot agree?
There are a few real options: renounce before you have started administering the estate, apply for probate with leave reserved for the other, or apply to the Supreme Court of NSW to have an uncooperative co-executor removed or passed over. Getting advice early usually avoids the court route.
Can a co-executor be removed?
Yes. If a co-executor is obstructive, absent, or acting against the estate’s interests, you can apply to the Supreme Court of New South Wales to have them removed or passed over. The Court supervises executors and can step in, though this is generally a last resort after other options.
