When a person makes a will, they often choose to appoint more than one executor to administer their estate after their death. This can be a sensible decision – it provides a safeguard against errors, ensures there is someone to act if one executor is unable to, and allows the workload to be shared. However, appointing multiple executors can also lead to disagreements, particularly if the executors have differing views on how the estate should be managed.
At Blackstone Solicitors, we regularly assist clients across England and Wales with joint executor disputes. These disputes can be legally complex and emotionally charged, especially when they involve family members. This article explains what joint executor disputes are, why they arise, and how they can be resolved.
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The Role of Joint Executors
Executors are legally responsible for administering the estate of a deceased person in accordance with the will and the law. Their duties include:
- Identifying and valuing the assets of the estate.
- Paying debts, taxes, and administration costs.
- Distributing the estate to beneficiaries.
- Keeping accurate records and accounts.
When more than one executor is appointed, they share these responsibilities equally. They must act jointly, meaning they should make decisions together and sign key documents collectively.
Why Do Joint Executor Disputes Arise?
There are several common reasons why joint executors may find themselves in conflict:
- Disagreements Over How to Manage Assets
Executors may disagree on matters such as whether to sell a property or hold it until market conditions improve, or which estate agents or solicitors to use.
- Pace of Administration
One executor may want to proceed quickly, while another prefers to take more time. Disputes can also arise if one executor is perceived as being slow to act or unresponsive.
- Conflicts of Interest
Executors are under a duty to act in the best interests of the estate. Problems arise when an executor’s personal interests – for example, as a beneficiary – influence their decisions.
- Lack of Communication
A breakdown in communication between executors can lead to mistrust and misunderstandings, especially if decisions are made without proper consultation.
- Disputes Between Family Members
When executors are relatives, underlying family tensions can spill over into the administration of the estate, making cooperation difficult.
Legal Duties of Joint Executors
Executors are fiduciaries, which means they must:
- Act in accordance with the will.
- Administer the estate diligently and without unnecessary delay.
- Avoid personal benefit from their position, except where permitted by the will.
- Keep clear and accurate accounts.
Where there are joint executors, these duties are shared. Each executor is responsible for the actions taken, even if one takes the lead in practical matters.
The Impact of Joint Executor Disputes
Disputes between executors can cause significant problems, including:
- Delay – The administration of the estate may be stalled if executors cannot agree on key decisions.
- Increased Costs – Legal costs can rise quickly if disputes escalate.
- Diminished Estate Value – Assets may lose value if they are not dealt with promptly.
- Emotional Strain – Disputes can put pressure on family relationships and prolong the grieving process.
Resolving Joint Executor Disputes
There are various approaches to resolving disputes between joint executors, ranging from informal discussion to court intervention.
- Open Communication
In some cases, the problem stems from a misunderstanding or lack of information. Clear communication and regular updates can help to rebuild trust and cooperation.
- Mediation
Mediation is a confidential process in which an independent mediator helps the parties explore solutions. It can be a cost-effective and less confrontational alternative to court proceedings.
- Delegating Responsibilities
Where executors have different strengths or availability, it may be possible to agree on a division of tasks, with each executor handling specific aspects of the administration.
- Seeking Legal Advice Early
Specialist legal advice can help executors understand their duties, rights, and options. In some cases, obtaining independent advice can prevent a disagreement from escalating.
Court Intervention in Joint Executor Disputes
If agreement cannot be reached, court action may be necessary. Options include:
- Application for Directions
If executors are unable to agree on a particular decision, they can apply to the court for directions on how to proceed. This can resolve the immediate impasse without removing either executor.
- Removal or Substitution of an Executor
Under section 50 of the Administration of Justice Act 1985, the court has the power to remove or substitute an executor if it is in the best interests of the estate. This is a serious step and will only be taken if there is clear evidence that the dispute is harming the administration of the estate. Grounds for removal may include:
- Serious misconduct.
- Persistent failure to carry out duties.
- Incapacity or inability to act.
- Appointment of an Independent Administrator
The court can appoint an independent administrator (often called an administrator pendente lite) to manage the estate while the dispute is resolved.
Costs and Risks of Litigation
Court proceedings can be costly and time-consuming. Although legal costs are sometimes paid from the estate, this is not guaranteed. If the court considers that a party has acted unreasonably, it may order them to pay costs personally. Executors should therefore weigh the potential benefits of litigation against the financial and emotional costs.
Preventing Joint Executor Disputes
Many disputes could be avoided through careful planning at the will-writing stage. Steps to reduce the risk include:
- Choosing Executors Carefully – Appoint individuals who are likely to work well together and who are willing and able to take on the role.
- Considering a Sole Executor – For straightforward estates, appointing one trusted executor may avoid potential conflict.
- Providing Clear Instructions – The will should give executors clear guidance on how to deal with significant assets.
- Discussing the Role in Advance – Ensuring that potential executors understand their duties before accepting the role can prevent future misunderstandings.
When to Seek Legal Advice
If you are a joint executor experiencing difficulties with your co-executor, early legal advice can be invaluable. A solicitor can:
- Explain your rights and responsibilities.
- Suggest practical solutions to resolve disagreements.
- Represent you in negotiations or mediation.
- Apply to the court on your behalf if necessary.
Acting promptly can minimise disruption to the administration of the estate and reduce the risk of personal liability.
Conclusion
Joint executors have an important responsibility to work together in administering an estate. While appointing more than one executor can provide safeguards and share the workload, it can also lead to disputes if there are disagreements over how to proceed.
At Blackstone Solicitors, we help clients across England and Wales resolve joint executor disputes, whether through negotiation, mediation, or court proceedings where necessary. Our aim is to protect your interests, ensure the estate is administered efficiently, and achieve the best possible outcome for all involved.
How we can help
We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Private Client Solicitors
It is important for you to be well informed about the issues and possible implications of disputes between joint executors. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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