Being appointed as an executor is a position of trust and responsibility. Executors are expected to work together to administer an estate in accordance with the will, apply for probate, settle debts and distribute assets fairly. However, when more than one executor is appointed, disagreements can and do arise. Executor disputes are a common cause of delay in probate. Differences of opinion, strained family relationships or misunderstandings about legal duties can quickly escalate, leaving estates unresolved for months or even years. Understanding what happens when executors disagree, and how those disputes can be resolved, is essential for beneficiaries and executors alike.
Executors are responsible for administering the estate of someone who has died. Their duties include applying for the grant of probate, identifying and valuing assets, paying debts and taxes, and distributing the estate in line with the will. Executors must act jointly unless the will states otherwise, and they have a legal duty to act in the best interests of the estate rather than their own personal interests.
Probate relies heavily on executors being able to cooperate. Where multiple executors are appointed, decisions must usually be made unanimously. If executors cannot agree, the probate process can stall, preventing assets from being accessed or distributed.
Disagreements between executors can arise for many reasons. In some cases, executors simply have different views on how the estate should be managed. For example, one executor may wish to sell a property quickly, while another believes it should be retained or sold later for a higher price.
Family dynamics also play a significant role. Executors are often family members, and long-standing tensions can resurface after death. Where one executor is also a beneficiary, conflicts of interest may arise, particularly if decisions affect their own inheritance.
Disputes can also stem from a lack of understanding of executor duties. Executors who are unfamiliar with probate may underestimate the complexity of the role or disagree about the correct legal process. Without clear guidance, even well-intentioned executors can find themselves in conflict.
When executors disagree, probate can be delayed significantly. If executors cannot agree on applying for probate, selling assets, or distributing funds, the estate may remain frozen. Banks, investment providers and the Land Registry will not act unless executors present a united position supported by a grant of probate.
Delays can be distressing for beneficiaries, particularly those who rely on their inheritance for financial support. Executor disputes can also increase costs, as prolonged administration often leads to higher legal fees and professional expenses.
'Executor disputes are one of the most common reasons probate becomes delayed. When executors are unable to work together, estates can remain unresolved for long periods, causing stress for beneficiaries and increasing the risk of litigation.' - Premier Solicitors - Nickeisha Robinson
Executor disputes often fall into recognisable patterns. Some disputes involve disagreements over asset valuation, particularly where property or valuable personal items are concerned. Others centre on whether assets should be sold or retained, or on the timing of distributions to beneficiaries.
More serious disputes may involve allegations of misconduct. One executor may accuse another of failing to act, acting too slowly, or favouring their own interests. In extreme cases, executors may accuse one another of misusing estate funds or failing to keep proper records.
Disputes can also arise where executors disagree about legal advice or professional involvement, such as whether to instruct solicitors, accountants or valuers. These disagreements can further delay progress if not resolved promptly.
In many cases, executor disputes can be resolved without court intervention. Open communication is often the first and most effective step. Executors should discuss their concerns clearly and seek to understand each other's positions. Misunderstandings about probate duties can often be resolved through explanation and professional guidance.
Obtaining independent legal advice can also help. A solicitor experienced in probate can explain the legal obligations of executors and provide objective advice on how to proceed. This often helps remove personal emotion from the decision-making process.
Mediation is another effective tool. A trained mediator can help executors reach agreement without the need for court proceedings. Mediation is usually quicker and less expensive than litigation and allows executors to maintain a working relationship.
If executor disputes cannot be resolved amicably, court involvement may be required. The court has the power to intervene in probate disputes to protect the estate and beneficiaries. In some cases, the court may give directions to executors on how the estate should be administered.
Where an executor's behaviour is causing significant delay or harm to the estate, the court may remove or replace them. This is a serious step and is usually only taken where there is clear evidence of misconduct, incapacity or refusal to act.
Court proceedings are often expensive and time-consuming, which is why they are generally seen as a last resort. However, in cases where disputes have brought probate to a standstill, court intervention may be the only way to move matters forward.
Executor disputes can have a significant impact on beneficiaries. Delayed distributions can cause financial hardship, while uncertainty can create anxiety and frustration. Beneficiaries may feel powerless if executors cannot agree, particularly if they are not involved in the decision-making process.
In some circumstances, beneficiaries may apply to the court themselves if executor disputes are preventing the estate from being administered. This can add another layer of complexity and cost, but it may be necessary to protect their interests.
While executor disputes cannot always be avoided, careful planning can reduce the risk. When making a will, testators should think carefully about who they appoint as executors. Choosing people who can work together and who understand the responsibilities involved is crucial.
Appointing a professional executor, such as a solicitor, alongside family members can provide balance and neutrality. Professional executors can guide the process and help resolve disagreements before they escalate.
Clear instructions in the will can also help. Where testators provide guidance on matters such as property sales or specific gifts, executors are less likely to disagree about how to proceed.
Executor disputes are a common and often stressful part of probate. When executors disagree, the administration of the estate can be delayed, costs can increase and beneficiaries can be left waiting for resolution. Understanding the causes of executor disputes and the options available for resolving them is essential for anyone involved in probate.
Early communication, legal advice and mediation can often resolve disputes without court intervention. Where this is not possible, the court has powers to step in and protect the estate. Ultimately, the goal is to ensure the estate is administered efficiently and in accordance with the deceased's wishes.
At Premier Solicitors, we have extensive experience in resolving executor disputes and guiding clients through contentious probate matters. We act for executors and beneficiaries, providing clear, practical advice aimed at resolving disagreements as efficiently as possible.
Whether you need support with mediation, legal guidance on executor duties or representation in court proceedings, our experienced team can help. We focus on protecting estates, reducing delays and achieving fair outcomes for all involved.
Contact Premier Solicitors today to discuss executor disputes and probate issues with one of our specialists. We are here to help you move forward with confidence and clarity.
