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20 December 2019

One in, all in?

Wills, Powers, Estates & Family Provision Claims


Multiple executors - Authority to act

Two executors are named in a grant of probate. One executor has been unresponsive to requests for confirmation of instructions. Is it appropriate to act on the instructions of one executor only?


Thank you for the question.

The following is an extract from the By Lawyers Estates (VIC) publication:

Where a grant is made to several executors their authority is joint and several. For the sale, lease or mortgage of real property and the bringing or defending of actions, the executors must act jointly. In exercising all other duties any one of the executors may represent the deceased and the actions of one will bind the others.