What Happens if Co‑Executors Disagree?

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

How Will Disputes Stall Probate & What You Can Do About It

When two or more executors are named in a will, the road to probate should be smooth but what happens if co-executors disagree? Unfortunately it’s not uncommon for co-executors to fall out with a resulting breakdown in communication and stalling probate.

So, if you’re dealing with such a situation in England and Wales, we explain what actually happens when co-executors disagree and how a contentious probate solicitor can help get things back on track to get the estate distributed.

Why Co‑Executor Disputes Can Cause Immediate Problems

Executors are expected to work together, regardless of whether they’re siblings, step-family, business partners or even friends.

So, if one executor delays signing paperwork, refuses to co-operate or simply won’t respond, probate can grind to a halt. This joint responsibility may potentially affect almost every part of the estate administration. For example:

• They should all sign the probate application.
• They should all approve valuations and sales.
• They should all sign estate accounts.
• They should all agree on how and when beneficiaries receive their inheritance.

How Probate Gets Delayed When Co-Executors Don’t Agree

Here’s how will disputes create real‑world delays when it comes to probate:

1. The probate application stalls

The PA1P form needs every executor’s signature. But if one refuses, the application can’t be submitted.

2. Valuations become a battleground

Property, business assets, and personal items all need accurate valuations. Executors may frequently disagree over estate agents, surveyors, or whether to accept an offer.

3. Banks won’t release funds

Financial institutions require joint authority. However, if a co-executor won’t sign the forms, accounts can stay frozen.

4. Beneficiaries wait longer

Executors must agree on distributions. But if they can’t reach agreement, beneficiaries are left waiting, often for many months.

5. Costs rise

The longer the dispute continues, the more the estate spends on legal fees, valuations, storage, and administration – leaving less for beneficiaries to inherit.

Why Co‑Executors Fall Out Over a Will

Every family is different, but the same themes and conflicts may appear again and again:

• Long‑standing family tension resurfaces.
• One executor feels pushed out or ignored.
• One person ends up doing all the work and becomes resentful.
• Executors disagree about selling the family home.
• Someone lives abroad and communication becomes difficult.
• One executor acts unilaterally, causing mistrust.
• Beneficiaries pressure executors in different directions.

We analysed our caller data for a six month period and a key finding was fall-outs with executors (who were also often beneficiaries and family members). Reasons ranged from executors withholding information, not sharing the will or allegedly mismanaging assets.

(To protect caller confidentiality and comply with data handling obligations, we do not publish or discuss individual circumstances.)

What You Can Do When Co‑Executors Disagree

A dispute doesn’t mean probate has to go through a lengthy delay. Here are some practical ways to move things forward to get probate finalised:

1. Mediation

A solicitor can arrange mediation to help executors talk openly and reach a workable agreement. It’s often the quickest way to break the deadlock.

2. Appointing a professional executor

Executors can agree to step back and let a neutral solicitor or accountant take over. This can help to remove emotion from the process and keeps probate on track.

3. Renunciation

If an executor genuinely doesn’t want the responsibility, they can formally renounce their role. The remaining executor(s) then continue alone.

4. Power reserved

An executor who wants to stay involved but not actively manage the estate can  reserve power. This allows the other executor to act independently but it keeps the door open for future involvement.

5. Court intervention

If the dispute is serious, a contentious probate solicitor can apply to have the executor removed.

Courts may step in when an executor is obstructive, negligent, or acting against the interests of beneficiaries.

How a Contentious Probate Solicitor Helps To Resolve Co-Executor Disputes

A specialist solicitor doesn’t simply ‘give advice’. They can actively move the estate forward by:

• assessing whether an executor is breaching their duties
• negotiating between executors
• protecting beneficiaries from financial loss
• preventing further delay
• applying to court when necessary
• ensuring decisions comply with probate law

When You Should Seek Legal Advice

You don’t have to wait until the situation becomes overwhelming. In fact, early advice can help stop a minor issue from blowing up into a full-scale dispute over a will. You should speak to a contentious probate solicitor if:

• probate has stalled for more than a few months
• one executor refuses to communicate
• an executor is acting alone without agreement
• beneficiaries are complaining
• you suspect misconduct
• you feel overwhelmed or unsure what to do next

FAQs: Co‑Executor Disagreements & What To Do About It?

Can one executor act alone?

No, co‑executors are required to act jointly unless one has renounced or reserved power.

Can probate be granted if executors disagree?

Not usually, as the application requires joint signatures.

Can an executor be removed?

Yes. The High Court can remove an executor who is obstructive or acting against beneficiaries’ interests.

What if one executor lives abroad?

This may often cause delay. A solicitor can help arrange power reserved or renunciation.

Can beneficiaries challenge executors?

Yes, beneficiaries can instruct a solicitor if executors are causing unreasonable delay.

Is mediation worth trying?

Yes, in many instances disputes settle once both parties understand their legal duties.

How We Can Help

When co‑executors disagree, the estate can’t be administered, assets can’t be sold, and beneficiaries may end up waiting far longer than they should.

We partner with experienced contentious probate solicitors who offer a free, initial consultation. They offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.

📞 Contact us today on 0330 818 0351 or complete our online contact form to arrange your free consultation.