When making a will, many parents appoint all of their children as executors. On the face of it, this seems like a sensible and fair decision. Everyone is treated equally, everyone has a say and no one feels left out.

Unfortunately, what appears fair at the time a will is signed can sometimes create significant difficulties years later.

We often see disputes arise where siblings have been appointed as joint executors but simply cannot agree on how an estate should be administered. In many cases, the disagreement is not really about the legal issues at all. It is often about control, family dynamics and relationships that have developed over many years.

Why does this happen?

Many people assume inheritance disputes are driven by money. Whilst money can play a part, disputes between joint executors are often rooted in something else entirely.

Wills are often prepared many years before a person dies. At the time the will is signed, siblings may have a close relationship and work well together. Fast forward ten or twenty years and the situation may look very different.

Perhaps one sibling has become estranged from the family. Perhaps one has lived nearby and cared for their parent for years whilst another has had little involvement in their life. Perhaps long-standing tensions have developed that simply did not exist when the will was made.

The result is that two people who no longer trust one another are expected to work together to administer an estate.

Common areas of disagreement

Joint executors must usually act together. If they cannot agree, the administration of the estate can quickly grind to a halt.

• Different interpretations of the will

Joint executors may simply disagree about what the will means. One executor may believe that a particular asset should pass to a specific beneficiary, whilst another takes a different view of the wording. Where neither executor is prepared to back down, the administration of the estate can quickly become delayed whilst the position is investigated further.

·         Property valuations and sale price

One executor may be willing to accept an estate agent’s valuation or an offer for the property, whilst the other believes it is worth more. If one party refuses to approve the valuation, sign the paperwork or agree to a sale, the estate may be unable to move forward.

·         Valuations of personal possessions or other assets

Disputes can also arise over the value of jewellery, vehicles, shares, business interests or other possessions. One executor may distrust a valuation obtained by the other and insist on further opinions before agreeing to proceed.

·         Choice of professionals

Joint executors may disagree about whether solicitors, estate agents, valuers or accountants should be instructed and, if so, who should be appointed.

·         Access to information and documents

Where trust has broken down, one executor may insist on receiving copies of every document and communication before any decision is made. Transparency is important, but a complete lack of trust can cause delay and make even routine decisions difficult.

·         Paying liabilities and making distributions

One executor may want to distribute the estate as soon as possible, whilst the other wants to retain funds until further investigations have been completed or potential liabilities have been resolved.

What can be done to reduce the risk?

1.      Review your will regularly

A will should not be signed and then forgotten about. Family relationships can change significantly over time, so executor appointments should be reviewed periodically to ensure they remain appropriate.

2.      Consider whether joint executors are the best option

Appointing all children may appear to be the fairest approach, but fairness and practicality are not always the same thing. Consider whether the people appointed are realistically capable of working together when the time comes.

3.      Consider appointing an independent professional

Where there is a risk of conflict, appointing a solicitor or another suitable independent professional as executor can provide neutrality and reduce concerns that one family member is trying to control the estate.

4.      Appoint a solicitor to deal with the administration

Even where siblings remain appointed as executors, they can instruct a solicitor to manage the administration. Having one independent professional gather information, obtain valuations, explain the options and circulate documents for approval can reduce direct conflict and keep the administration moving.

5.      Consider whether power reserved may be appropriate

If one executor does not want to take an active role, it may be possible for the other executor to obtain the grant with power reserved to them. However this step is only appropriate if a grant has not yet been obtained.

6.      Agree a process at the outset

Joint executors may benefit from agreeing how decisions will be made, who will communicate with professionals, how quickly documents should be reviewed and how beneficiaries will be updated. A clear process can prevent disagreements about control from affecting routine administration.

7.      Communicate and keep records

Executors should retain copies of valuations, estate accounts, bank statements, invoices, receipts and correspondence. Important emails and messages should be saved. Clear records make it easier to understand why decisions were made and what information was shared.

8.      Take advice early

If the executors reach an impasse, early legal advice may help identify a practical route forward before positions become entrenched and the dispute becomes more costly. Our specialist will dispute team can advise you on your options and help you understand your legal position. Call us on 0800 860 62 65 or email on info@ridleyandhall.co.uk