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Co-executors must act unanimously. Deadlock halts the administration. First try direct negotiation, then mediation. If that fails, apply to court for directions or removal under the Administration of Justice Act 1985. The court can resolve specific disputes or appoint a replacement executor.
Where a will names more than one executor, all acting executors must agree on major decisions. This is known as the rule of unanimity, and it applies to decisions of substance: selling property, appointing solicitors, timing of distributions, interpretation of ambiguous will clauses, and any step that materially affects the estate.
The rule of unanimity distinguishes executors from trustees of continuing trusts, who can generally act by majority. The distinction matters: estates are typically wound up relatively quickly, and requiring unanimity ensures each executor's judgment is fully engaged.
One consequence is that a co-executor cannot unilaterally take a step that another co-executor has refused to authorise. This can create paralysis where two executors hold fundamentally opposing views on how to proceed.
For related context, see our guide on acting as sole executor when multiple executors are named — a scenario that can arise where one executor effectively cannot participate.
The cheapest and quickest resolution is direct negotiation. In many cases, apparently intractable disagreements are resolved when both parties sit down calmly (often with an adviser present) to discuss the matter on its merits.
Tips for productive negotiation:
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If direct negotiation fails, mediation involves a neutral third party (the mediator) who helps the parties reach an agreement. The mediator does not make decisions — they facilitate discussion. Mediation is confidential and without prejudice.
Costs: typically £1,000–£3,000 for a full-day mediation (split between parties, or paid from the estate if all beneficiaries agree). Success rate: high — the majority of mediations result in agreement. Courts now expect parties to consider mediation before litigating and may penalise those who refuse unreasonably.
If mediation fails or is not appropriate, a court application under the Administration of Justice Act 1985 or by way of a Part 8 claim (for specific directions) may be necessary. The options are:
A Part 8 application for the court to give directions on a specific disputed point — for example, how to interpret a clause in the will, or whether a particular asset should be sold. This resolves the immediate issue without removing either executor. Costs: typically £2,000–£5,000.
Where the relationship between co-executors has broken down completely, the court may remove one and vest full authority in the other (or appoint a substitute). See our full guide on removing a co-executor through the courts.
Executor disagreements can be very costly for the estate and its beneficiaries. While executors dispute, IHT interest may accrue, property may lose value or require maintenance, insurance may lapse, and beneficiaries may face hardship. See our guide on probate delays and IHT interest.
Courts have the power to order costs against executors who behave unreasonably — including by refusing to cooperate or by obstructing the administration without good cause.
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