When a person makes a will, they often appoint two or more people to act as executors. The role of an executor is to administer the deceased’s estate, which includes gathering assets, paying debts, and distributing the inheritance to the beneficiaries. While appointing multiple executors is often intended to provide a safeguard and share the workload, it can sometimes lead to serious complications if the executors are unable to agree on a course of action.
At Blackstone Solicitors, we understand the complexities of estate administration and the sensitive nature of executor disputes. We regularly assist clients across England and Wales who are facing these difficult situations. In this article, we explore the common causes of disagreement among executors and the legal options available to resolve them.
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The Role and Responsibilities of an Executor
An executor’s primary duty is to act in the best interests of the beneficiaries and to administer the estate in accordance with the terms of the will and the law. This is a significant responsibility that requires a high degree of trust and co-operation. The law expects executors to work together, and they are jointly and severally liable for the administration of the estate. This means that if one executor makes a mistake, all executors can be held liable.
When executors are appointed, they must agree on a number of key decisions, including:
- Applying for the Grant of Probate.
- Valuing the deceased’s assets and liabilities.
- Paying off any outstanding debts, funeral expenses, and taxes.
- Selling property or other assets.
- Distributing the estate to the beneficiaries.
If the executors cannot agree on these fundamental matters, the administration of the estate can stall, causing significant distress for the beneficiaries and potentially devaluing the estate.
Common Causes of Disagreement
Disagreements between executors can arise for a number of reasons, often rooted in personal relationships and differing perspectives on how to handle the estate. Common causes include:
- Emotional Disputes: Often, executors are family members or close friends who may have pre-existing tensions or different views on what the deceased would have wanted.
- Conflicts of Interest: An executor who is also a beneficiary may wish to take a course of action that benefits them personally but is not in the best interest of the other beneficiaries. For example, they may want to sell a property for a lower price to a family member, while other executors believe a higher price should be sought.
- Financial Disagreements: Executors may disagree on the valuation of assets, how to invest the estate’s money while it is being administered, or whether to accept or challenge certain debts.
- Procedural Disagreements: Disagreements can arise over the pace of the administration, the choice of solicitors or other professionals, or how to communicate with beneficiaries.
How Disagreements Are Resolved
When executors cannot reach an agreement, there are several steps that can be taken to resolve the dispute and move the estate administration forward.
- Informal Resolution
The first step is always to try to resolve the disagreement informally. This can involve a direct conversation between the executors, possibly with the assistance of a neutral third party such as a trusted family member or a solicitor. The goal is to find a compromise that all parties can agree on.
- Mediation
If informal discussions fail, mediation is often a very effective and less costly option than going to court. A professional mediator will facilitate a discussion between the executors, helping them to communicate constructively and find a mutually acceptable solution. Mediation is confidential and non-binding, but a successful outcome can result in a formal agreement that can then be used to proceed with the estate administration.
- Court Intervention
If all other options fail, it may be necessary to apply to the court for a resolution. There are several ways the court can intervene:
- Directions from the Court: An executor can apply to the court for a formal direction on a specific issue, such as whether to sell a property or how to distribute a particular asset. The court will then make a binding decision that the executors must follow.
- Application to Remove an Executor: In the most serious cases, where an executor’s actions are causing significant harm to the estate or they are refusing to co-operate, the other executors or a beneficiary can apply to the court for their removal. The court will only grant such an application in exceptional circumstances, as it is a drastic step. The court’s primary concern will be the well-being of the estate and the beneficiaries.
- Renouncing the Executorship: An executor who is unwilling to act or is in constant disagreement with their co-executors may choose to renounce their role. This is a formal process where they give up their right to act as an executor. This can only be done if they have not yet started to administer the estate.
The Role of a Solicitor
Disagreements between executors can quickly become complex and emotionally charged. Engaging a specialist solicitor is highly recommended. A solicitor can provide objective, impartial advice, help to mediate discussions, and, if necessary, represent you in court. They can explain the legal duties of an executor and the potential liabilities, which can often encourage a more co-operative approach.
At Blackstone Solicitors, we understand the stress and uncertainty that executor disputes can cause. Our team of expert probate lawyers can guide you through the process, from informal discussions to court applications, ensuring that your rights are protected and that the estate is administered fairly and efficiently.
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 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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