Do Executors Have to Agree?
What happens when joint executors disagree, and how disputes between executors are usually resolved.
In short
- Joint executors are generally expected to act together and agree on key decisions.
- Disagreements can delay the administration of the estate significantly.
- Executors can seek mediation or, in serious cases, court intervention.
- One executor cannot usually be forced out without formal legal steps.
- Choosing executors who work well together reduces this risk from the outset.
When more than one executor is appointed under a will, the general expectation is that they act jointly and agree on the major decisions involved in administering the estate. This is one of the trade-offs of appointing several executors: it spreads the workload and provides a check on decisions, but it does mean cooperation is needed.
This guide explains what is required of joint executors, what happens if they disagree, and the practical and legal options available when a disagreement cannot be resolved informally.
The general rule for joint executors
Where a will appoints more than one executor, they are generally required to act jointly, meaning significant decisions, such as how to value or sell assets, how to interpret ambiguous parts of the will, or how to distribute the estate, need to be agreed between them rather than made unilaterally by one executor alone.
This does not mean every small task needs joint sign-off. In practice, executors often divide day-to-day administrative work between them for convenience, while reserving major decisions for joint agreement, and many bank accounts and formal applications require signatures from all acting executors regardless.
What happens if executors disagree
Disagreements between joint executors are not unusual, particularly where they have different views on timing, such as whether to sell a property quickly or wait for a better price, or different interpretations of what the will maker intended. Left unresolved, these disagreements can significantly delay the administration and, in some cases, increase costs to the estate.
Where a disagreement is relatively minor, it is often best resolved through direct conversation, sometimes with the help of a solicitor advising the estate, who can provide a neutral, informed perspective on the options available and help the executors reach a workable compromise.
- Discuss the disagreement directly and calmly first
- Seek guidance from the solicitor advising the estate, if any
- Consider mediation for more serious or entrenched disputes
- Apply to court only as a last resort, given the cost involved
Formal options when agreement cannot be reached
If executors genuinely cannot agree, and the disagreement is preventing the estate from being administered, there are formal routes available, including mediation, which can help executors reach a resolution without going to court, or, in more serious or intractable disputes, an application to the court for directions or, in rare cases, to have an executor removed.
Removing an executor through the court is a significant step, generally reserved for situations involving misconduct, incapacity, or a complete breakdown that is genuinely preventing the estate from being administered, rather than ordinary disagreements over approach or timing. It also involves cost, which is usually paid from the estate, reducing what beneficiaries ultimately receive.
Can one executor act without the other's agreement?
In general, one joint executor cannot simply proceed without the others on significant matters, since financial institutions, the Probate Registry and land registries typically require signatures or agreement from all acting executors for major transactions such as selling property or closing accounts.
There are limited exceptions, and executors can sometimes agree between themselves, or through the terms of the grant of probate, that one of them takes the lead on day-to-day matters, but this generally requires the others' consent rather than being something one executor can impose unilaterally.
Reducing the risk of disagreement from the outset
The most effective way to avoid this problem is to think carefully, when writing your will, about whether the people you are considering as joint executors have a good working relationship and communicate well, rather than appointing several people purely out of a sense of fairness or obligation.
Where you are unsure, an alternative is to appoint one primary executor with others named as substitutes rather than joint executors from the outset, or to appoint a professional executor alongside a family member to provide a more neutral influence if family members might otherwise struggle to agree.
Questions people ask
Related guidance
- Can I Appoint More Than One Executor?Explains the four-executor limit and the practical trade-offs of appointing multiple executors.
- How Many Executors Can I Have?Explains the limit on executors who can take a grant of probate and how to structure appointments.
- What Happens if an Executor Refuses to Act?Explains renunciation, power reserved, and what happens if no executor is willing to act.
- How to Choose an ExecutorCovers what to look for in an executor, family versus professional options, and backup choices.
More in Executors and beneficiaries.
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This guidance covers the law of England and Wales and is general information, not legal advice about your circumstances. The rules in Scotland and Northern Ireland differ.