Public Concerns Pathway

Preferring One Executor or Administrator

It is not uncommon for a Will to name more than one executor. Also, a court may appoint more than one co-administrator of an estate. The joint or co-executors or administrators may agree to use one lawyer or limited licensee to assist them with the handling of the estate. Acting for more than one executor or administrator creates what is called a joint retainer. A lawyer or limited licensee can act for more than one executor or administrator if the lawyer or limited licensee advises the executors or administrators that:​

• they have been asked to act for both or all of them
• no information related to the matter received from one executor or administrator can be treated as confidential
• if a conflict develops that cannot be resolved, the lawyer or limited licensee cannot continue to act and may have to withdraw

If the lawyer or limited licensee has a continuing relationship with one of the executors or administrators and acts regularly for them, the lawyer or limited licensee must:​

• tell the other executor(s) or administrator(s); and​
• recommend they obtain independent legal advice on the joint retainer.​

See sections 3.4-5 and 3.4-6 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.

Once acting for co-executors or co-administrators, a lawyer or limited licensee should:

• communicate with all of the executors or administrators
• receive and confirm instructions from all of the executors or administrators
• understand that their obligations are to all of the executors or administrators – they should not exclude any of the executors or administrators from the process

Where there is no conflict between the executors or administrators, this arrangement generally works well. If conflict arises between co-executors or co-administrators that cannot be resolved through discussion or clarification, the lawyer or limited licensee must not continue to advise one or the other and withdraw.

See section 3.4-8 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.

If you believe the lawyer or limited licensee is preferring one executor or administrator over the other, submit a complaint.

Common Questions