Deadlock in the Estate: How to Resolve Disputes Between Co-Executors

When an individual appoints multiple executors in their Will, they usually do so with the intent of sharing the burden and ensuring balanced decision-making. However, if co-executors cannot agree on how to manage the estate, the entire administration process can ground to a sudden halt. This may also be the start of long, drawn out, often emotional (and not to mention expensive) court proceedings.

At Dutton Gregory, our Contentious Probate Team has seen a noticeable rise in cases where executor disputes create a total deadlock, leaving beneficiaries waiting and estates vulnerable. As times have changed and people now often re-marry, or co-habit with children from previous relationships, creating a rise in ‘blended’ families. This may increase the likelihood of a dispute arising when someone dies.

The Root of the Problem: Joint Authority

The core issue stems from how the law views co-executors. In England and Wales, executors must act jointly. For major decisions, such as selling a property, distributing assets, or agreeing on valuations all executors must agree and sign the relevant legal documentation.

There is no “majority voting” system among executors unless the Will explicitly states otherwise, which is rare. If one executor refuses to co-operate, communicates poorly, or disagrees on the value of an asset, the entire administration process stalls.

Common Causes of Executor Deadlock

Executor disputes usually arise from a mix of personal history and legal friction. Common triggers include:

• Sibling Rivalry: Childhood dynamics re-emerging during an emotional time.
• Property Disagreements: One executor wanting to sell the deceased’s house immediately, while another wants to buy it or let a family member live there.
• Lack of Transparency: One executor handling the paperwork but refusing to share bank statements or account details with their co-executor(s).
• Valuation Disputes: Disagreements over the true value of estate assets, sentimental items or personal belongings.

Options for Resolving Executor Disputes

If you are trapped in an executor deadlock, doing nothing is rarely an option. Executors have a legal duty to administer the estate in a correct and timely manner. If the deadlock causes financial loss to the estate, executors can be held personally liable.

Fortunately, several options are available to break the deadlock, ranging from low-intervention solutions to formal court proceedings.

1. Structured Alternative Dispute Resolution (ADR)

Before issuing court proceedings, executors should attempt mediation. Mediation is conducted by a neutral, independent third-party mediator who will assist both sides to try to find common ground. Mediation can also be conducted remotely if the parties are located in different areas or even live abroad. This process is confidential, significantly faster than litigation, and preserves family relationships where possible. Any agreement reached at mediation will be legally binding.

2. Formally Reserving Rights (Renunciation)

If one executor realises that they do not have the time, capacity, or desire to handle the administration alongside a difficult co-executor, they can step down. If Probate has not yet been granted, they can sign a Form of Renunciation. If Probate is underway, they can “reserve their rights,” allowing the other executor to manage the day-to-day work while retaining the ability to step back in later, if needed.

3. Applying for a Court Order (Directions)

Under Civil Procedure Rules (Part 64), an executor can apply to the court for “Directions”. This means asking a Judge to make a final decision on a specific disputed point, such as whether to accept an offer on a house. The court’s decision is legally binding, allowing the administration to move forward.

4. Removing an Executor

As a last resort, an application can be made to the High Court under Section 50 of the Administration of Justice Act 1985 to remove an executor. The court will not remove an executor simply because the co-executors do not get along. There must be clear evidence that the administration is being seriously endangered, or that the executor is incapable of acting. The court will often replace the disputing executors with an independent professional administrator to ensure neutrality.

Seeking Professional Guidance

Executor deadlocks are emotionally draining and legally complex. Left unresolved, they deplete the estate’s value through delay and rising costs. Taking early advice from a specialist contentious probate solicitor can help neutralise tensions and identify the fastest, most cost-effective path forward.

We have a team of highly experienced lawyers in our Contentious Probate Team who can guide you smoothly through the process, helping you to resolve the issues and move on with your life.