What is an executor?

An executor is a person named in a will to manage the estate of a deceased person, ensuring their wishes are carried out as outlined in the will. They are responsible for identifying and gathering the deceased’s assets, paying debts and taxes, and distributing the estate in accordance with the will. Up to four executors can act jointly, and it’s common for parents to appoint their children. Disputes often arise between siblings who have been appointed under their parents will who do not get along. Disagreements may emerge before probate has been granted and can continue throughout the administration process, even up to the final distribution of the estate.

Stepping down as an Executor before the administration of an estate had begun

An executor can step down from their role if they have not started dealing with the estate (known as intermeddling). An executor may wish to step down if they do not believe they are suitable for the job, if they do not agree with the contents of the will or if they do not get along with a co-executor. An executor can renounce their rights to act completely by signing a Deed of Renunciation. This means that the executor forfeits their right to act as an executor now, but they also forfeit their right to apply for a Grant of Probate in the future.

Alternatively, if there is another executor appointed under the terms of the Will who will continue to act and will apply for the Grant of Probate, the executor not wishing to be directly involved could have their ‘power reserved’. This would allow them to apply to the Probate Registry to act as an executor in the future if they wish.

 Stepping down after you have begun administering the estate

Where an executor has intermeddled in an estate and the grant has yet to be extracted, the court has the power to remove and replace the executor under s.116 Senior Courts Act 1981. Under the Act, the court has the discretion to appoint any executor if there are any special circumstances which make it appear to the court that it is necessary or expedient. The definition of “special circumstances” includes circumstances where:

• the court considers the existing executor unfit or inappropriate to act, for example, because of mental ill-health or bankruptcy or where the estate may be at risk, or
• where the existing executors are in dispute with one another or have a conflict of interest.

In most situations, the court will pass over the entitlement of the person entitled to the grant in favour of someone independent.

Practical Dos and Don’ts When Relations Break Down

If you are an executor in conflict with a co-executor, try to approach the situation with a cool head and a strategic mindset. Some of the following tips may assist in navigating a dispute: –

• Avoid hostile communication: Aggressive texts or emails may be used against you later. Keep all correspondence professional and neutral.
• Keep clear records: Document every decision, conversation, and transaction in case your conduct is later challenged.
• Be pragmatic: Choose your battles. Compromise on non-critical matters to keep the estate moving.
• Involve neutral professionals: Independent estate agents, solicitors, or accountants can help reduce tensions and resolve deadlock.
• Communicate consistently: Silence or secrecy fuels suspicion. Keep other executors informed.

 Arguments on what to do next or how to distribute an Estate

Where executors cannot agree on how to proceed, they can apply to the court for directions under Part 64 of the Civil Procedure Rules. This is a neutral way to resolve uncertainty or disagreement without seeking to remove anyone.

This is particularly useful if:

• There is disagreement about how to interpret the will
• One executor proposes a course of action the other strongly opposes
• Executors fear personal liability for making the wrong decision

 Costs

Court applications can be expensive. While costs can be paid from the estate, there is no guarantee. If the court finds the dispute could have been resolved more reasonably or that one party acted unreasonably, that party may be ordered to pay costs personally.

• Solicitors will usually require fees to be paid upfront, regardless of how costs are ultimately awarded.
• Getting beneficiaries on your side helps: If beneficiaries support the application, it may strengthen your position and make estate-funded costs more likely.

Rebecca Kershaw – Apprentice Solicitor