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The statutory rule is narrower than the folklore. All proving personal representatives must concur in a conveyance of land; elsewhere the 1925 Act imposes no unanimity requirement, though in practice institutions ask for every proving executor to sign. Deadlock still halts the administration. Try direct negotiation, then mediation. If that fails, apply to the court for directions, or for removal or substitution under section 50 of the Administration of Justice Act 1985. This guide describes England and Wales.
"Executors must agree on everything" is stated so often that it is worth setting against what the statute actually says. Section 2(2) of the Administration of Estates Act 1925 provides that where there are two or more personal representatives, a conveyance of real estate, or a contract for one, shall not be made without the concurrence of all of them or an order of the court — with the qualification that where probate has been granted to some only of the executors named in the will, the proving executors may convey without a court order. That is a specific requirement about land, and it binds the executors who have proved.
Outside conveyances of land, the 1925 Act imposes no equivalent unanimity requirement. The long-standing common law position is that the act of one personal representative in relation to the rest of the estate is treated as the act of all — a rule that predates the 1925 legislation and is not set out in it. This is also where executors and trustees are commonly muddled the wrong way round: private trustees must act unanimously; it is charity trustees who may generally act by majority.
None of that makes deadlock harmless. Banks, the Land Registry, investment platforms and buyers will normally require every proving executor to sign, and a solicitor acting for the estate will not proceed on a contested instruction. So in practice a co-executor who refuses to authorise a step usually stops it, whatever the strict legal position, and two executors holding opposing views can paralyse an administration.
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:
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.
Mediation is an unregulated market and no official body publishes mediators' rates, so the only reliable figure is a quote. The cost is usually split between the parties, or paid from the estate if all the beneficiaries agree. Courts expect parties to consider mediation before litigating and an unreasonable refusal can be reflected in a costs order.
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. No official body publishes what such an application costs in solicitor fees; the court issue fee for a non-money claim is published on the EX50 fee list.
Where the relationship between co-executors has broken down completely, section 50 of the Administration of Justice Act 1985 lets the High Court appoint a substitute personal representative, or terminate the appointment of one or more of two or more existing personal representatives — but not of all of them. CPR 57.13 assigns these claims to the Chancery Division of the High Court. 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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