Joint Executors of a Will
Whether you are appointing multiple executors or have been named as one, it's crucial to understand the legal duties involved. Our SRA-regulated solicitors provide clear advice to help you navigate the role and prevent disputes.
The Most Important Rule for Joint Executors
When a Will appoints more than one person, they hold the role jointly and severally. This creates a significant legal responsibility with one overriding principle.
All decisions must be unanimous.
From selling a property to distributing funds from a bank account, all joint executors must agree on every decision. One executor cannot act alone if the other disagrees. This legal requirement to act together is the most common source of problems and disputes.
Real UK Case Study: The Danger of Executor Deadlock
Brealey v Shepherd & Co [1999]
The Situation: Two joint executors, a son and a daughter of the deceased, reached a complete deadlock and were unable to agree on how to administer their mother's estate. Their dispute effectively froze the entire probate process for years.
The Problem: The daughter instructed solicitors to take the son to court to resolve the deadlock. The son argued that these legal fees should not be paid from the estate, but by his sister personally.
The Outcome: The court ruled that the legal fees incurred in breaking the deadlock were a necessary administration expense and had to be paid from the estate. This significantly reduced the inheritance for all beneficiaries, including the executors themselves.
What this means for you: Disagreements between joint executors can be financially devastating for the estate. Seeking professional legal guidance early is not just about resolving disputes; it's about preserving the value of the inheritance for the beneficiaries.
Our Solutions for Joint Executors
We provide two clear services to prevent disputes and ensure a smooth, efficient estate administration.
- Guidance for Lay Executors: If you and your co-executors have been appointed, we can provide independent legal advice to guide you all through the process, mediate any disagreements, and ensure all your legal duties are met correctly.
- Professional Executor Service: You can appoint a Wildlings solicitor to act as a professional, impartial executor in your Will. We can act alone or jointly with a family member, providing expertise and preventing the burden from falling on your loved ones.
"His expertise guided me and lead me to a successful outcome"
Your Questions About Joint Executors
For most day-to-day administrative tasks, yes. However, for significant decisions, such as selling a property or making a large payment, all executors must agree and sign the necessary documents. One executor cannot force a major decision against the will of another.
If joint executors reach a deadlock, the estate administration stops. At this point, you need legal advice. A solicitor can act as a neutral mediator to help you reach an agreement. If that fails, an application to the court may be needed to give directions or, in serious cases, to remove an executor.
Yes, but only if they have not started dealing with the estate (a process called 'intermeddling'). If they have not acted, they can formally renounce the role. If they have already begun their duties, they can only retire or be removed with the consent of all beneficiaries or by a court order.
Avoid Disputes and Get Clarity
Whether you are planning your Will or acting as an executor, our specialist solicitors can provide the expert guidance you need to navigate the complexities of a joint executorship.
Request a Callback TodayGet in Touch
0330 333 8797
info@wildings-solicitors.co.uk
Visit us
862-864 Washwood Heath Rd, Ward End, Birmingham, B8 2NG
Opening Hours
Monday to Friday
9.00am - 5.00pm
