What to Do When a Co-Executor Is Not Cooperating

When more than one executor is appointed in a will, disputes can arise due to personality clashes, misunderstandings or different interpretations of the instructions left by the deceased person.

Effective communication among executors can prevent misunderstandings and disputes during estate administration, but communication breakdowns are always a risk. When a co-executor is not cooperating, it inevitably causes severe difficulties in the administration of the estate.

At the same time, an executor has a strict fiduciary duty to act in the best interests of the estate and the beneficiaries. Executor disputes must be resolved before the administration of the estate can proceed, and it can help executors to understand their options when a fellow executor is making things difficult.

In this guide, the expert contentious probate solicitors from JMW’s private wealth disputes team outline what to do when a co-executor is not cooperating and how our team can support you to keep the administration process moving forward.

What Are an Executor's Responsibilities?

An executor is responsible for administering the deceased person's estate, and they have a legal duty to act in the best interests of the estate at all times. Their duties include securing assets, paying debts and liabilities, and distributing the remaining estate to the beneficiaries. Any failure to fulfil these responsibilities may constitute a breach of their fiduciary duties.

While it is possible to choose one executor to administer your estate, it often makes sense to appoint more than one person. This accounts for the possibility that an executor may predecease the person who made the will, and allows executors to share complicated responsibilities between them. In most cases, executors in the UK can act independently from each other, so there are limited risks to this.

However, some aspects of estate management cannot be resolved unless executors act together. In these cases, a non-cooperating executor can stall the process. This may be the result of a dispute between co-executors, a delaying tactic, or a reluctance on the part of one executor to fulfil their duties. Ultimately, an executor withholding information or refusing to participate can lengthen the administration process, lead to delays in beneficiaries obtaining the gifts they have been promised, and sometimes cause financial loss to these beneficiaries.

If a co-executor is unresponsive, attempts should be made to resolve the dispute informally before considering court action. With that said, it is useful to know that there are clear legal mechanisms to bypass or remove an executor in these circumstances.

How to Resolve Disputes With a Co-Executor Without Going to Court

When a dispute arises, you should act quickly to resolve the matter. Get in touch with the executor to see if you can understand and resolve the underlying problem informally. Resolving a dispute before it escalates can prevent things from becoming costly and time-consuming, although it is not always straightforward.

Whatever approach you take initially, make sure to document all attempts to communicate with the unresponsive executor. Keep details of phone calls, emails and letters in writing to establish a paper trail, which will demonstrate the reasonable actions you have taken to resolve the problem and support any legal action you need to take.

Check if you can act without them

A common misconception is that co-executors must do everything together. In English law, the authority of executors is generally joint and several, which means that one executor can proceed without the agreement of the others in some instances.

For personal property and cash, you can often act alone to collect debts, close bank accounts or sell personal items, and the act of one executor becomes legally binding on the other executors. Depending on the nature of your dispute, proceeding with estate management while you attempt to resolve the issue can prevent unnecessary delays.

However, land and property require all executors named on the grant of probate to sign the contract and deed. If your co-executor is refusing to sign property documents, you reach a deadlock that requires intervention.

Send a formal letter

If the co-executor is delaying the process, instruct a solicitor to send a formal letter. Letters from a solicitor remind the co-executor of their position and duties and will outline the potential personal liability for wasting estate assets. Taking this opportunity to inform the co-executor that their inaction may lead to personal liability often forces them to act. It shows that you are serious and sets the foundation for future court proceedings if they continue to ignore their duties.

Engage in mediation and alternative dispute resolution

Alternative dispute resolution methods are a faster and more cost-effective way to resolve conflicts between executors than resorting to court proceedings. Mediation is a common approach used to settle these disputes, in which a neutral mediator can listen to each side's position and help you to find common ground.

The court prefers that parties explore these informal options before initiating formal court action. At the same time, executors are advised to seek legal advice before engaging in such methods, to make sure the full legal implications of any compromises are considered. The team at JMW can represent you in mediation and uphold your rights. It is also a good idea to keep beneficiaries informed during this process, to minimise the risk of further disputes arising due to delays in the administration process.

Apply for an inventory and account

If an executor is refusing to share information, you can apply for a court order requiring them to provide a full inventory of the estate and an account of their dealing with it. This is a legal step that forces the co-executor to detail their administration of the estate, provide transparency and engage with their responsibilities. It is particularly valuable if you suspect that an executor has engaged in misconduct.

Can an Executor Resign?

If the co-executor is delaying the application for probate, there are several options. They can step aside without formally quitting, renounce their position, or agree to a grant with power reserved. This typically applies when the executor is uncooperative because they do not want to take on the responsibility of an executor. Provided they have not started to administer the estate or its assets, they can formally withdraw.

What Are the Legal Options for Removing a Co-Executor?

Once a grant of probate is issued by the Probate Registry, an executor cannot simply resign. You must apply to the High Court for an order to remove a non-cooperative executor if their behaviour damages the estate. If informal resolution methods fail, executors may consider applying to remove the co-executor, or for court directions as an alternative to removal.

An application to remove a co-executor should be considered a last resort after all attempts to resolve the issue have failed. Even in these cases, the court will consider whether directions to guide the executor on their duties would be a suitable alternative to removing them entirely from the executor's role.

Grounds for removal

The court will not remove an executor without a strong reason, and a simple personality clash is usually not sufficient unless it harms the estate. In most cases, the court requires evidence of serious misconduct, incapacity, damage to the estate, undue delay or fundamental frustration of the administration before removing an executor.

Thankfully, a co-executor refusing to communicate can often be sufficient grounds to have them removed. Valid concerns include unreasonable and long delays that may be caused by a total breakdown in communication between executors, or an inability to make progress due to the impasse.

It is worth noting that if there is evidence of misconduct, the executor will not only be removed, but may face additional legal consequences.

What Are the Consequences of Executor Misconduct?

Executors may incur personal liability for their misconduct during estate administration. This includes a non-cooperating executor whose actions lead to losses or legal costs. A failure to communicate effectively can lead to disputes that result in legal costs, particularly if they do not accept informal attempts at resolution. If their failure means that a property is not sold, or becomes dilapidated and decreases in value over time while the dispute is resolved, this may amount to a financial loss for the estate administration for which the executor may be held liable.

While the estate sometimes covers the substantial legal costs of an application to remove an executor, the court may order the uncooperative individual to pay these costs personally if they acted unreasonably. The court has the discretion to hold them accountable to protect the estate.