By continuing to use this site you're agreeing to our cookie policy. When multiple Executors act together on the administration of an Estate, disagreements can sometimes arise. Joint Executors will need to resolve these disputes and act in agreement in order for Probate to move forward.
If an agreement cannot be reached through negotiations, and a Grant of Representation has already been issued by the Probate Court, then it is possible for one Executor to apply to the Court to remove the other. Probate is a lengthy and sometimes complex process, during which Executors are likely to be faced with a number of decisions to make.
If all of the Executors don't see things in the same light then disagreements can arise which, if not resolved, could cause the Probate process to grind to a complete standstill. This could be a decision such as whether to sell a property on the open market or allow a beneficiary to purchase it, for example. Or if the property market is slow, one Executor may want to hold off on selling the property in the hope of achieving a higher sale price, while another may want to progress the sale for a lower amount so that the beneficiaries receive their inheritance sooner.
In other situations, Executors may disagree on what constitutes an administration expense and is therefore payable from the Estate, or one Executor could do something without the consent of the other. These are just a few examples of potential disputes that could arise between joint Executors. One of the most effective ways of avoiding conflict during Probate is to communicate.
If multiple Executors are acting together, it's really important that they communicate with one another on a regular basis, and that they also communicate with beneficiaries to keep them updated on what's happening. If joint Executors think that they may not be able to act alongside one another, one of the Executors can step aside before the Estate administration begins. There are two options to do this; they can either renounce as Executor , which means that they give up the role and responsibilities permanently, or later when the Grant of Representation is issued, they can have Power Reserved to them, which means that they are stepping aside but can apply to the Court to become involved at a later stage if they wish.
If neither Executor wants to step down, but they also don't want to act together, then it can be put to the Probate Court to determine who should apply for Probate.
If disagreements do arise, then these will need to be resolved in order for the Estate administration to continue to progress smoothly. Again, communication is key here — if Executors talk through any issues, they may be able to come to a mutual agreement.
If an agreement cannot be reached this way, the next step would be for each Executor to seek independent legal advice. If an agreement still cannot be reached, and the Estate administration cannot be progressed as a result, then it may be possible to for one Executor to apply to the Court to have the other removed. Under the Administration of Justice Act , the Court has a discretionary power to remove an Executor from the Grant of Representation if they believe this to be in the best interests of the Estate.
They also have the power to appoint a substitute Executor in their place, but if there is already another appointed Executor ready and willing to act, this may not be necessary. Prudent estate planning principles might suggest that two heads are better than one, particularly with regard to the appointment of co-executors to administer an estate. The general intention for appointing co-executors is to prevent fraud, self-dealing, and poor administration by requiring two votes on all actions.
A problem, however, can arise when the co-executors simply cannot agree on a decision. Third-party intervention is often the only way to resolve a disagreement between co-executors. Sometimes co-executors disagree for moral or ethical reasons.
Court removal of a trustee is a complex process, often involving conducting depositions, issuing subpoenas for records, and asking the court to order the trustee to provide an accounting.
Joint trustees usually both are required to sign, but if the trust authorizes one signature, it would govern. This may not be ideal, depending on who the remaining trustee is. More than one executor may be appointed, but not all of them need to act. This can only be done if they have not already started acting in this role.
Skip to content Popular. The will stipulates that the executor is only to be paid fees for incurred charges. What, if anything, can the heirs do? The executor and the decedent can agree on additional or lesser amounts.
The judge can also increase commissions upon application by the executor or decrease the commissions upon application by a beneficiary.
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