When two executors disagree, administration can slow or stop, but not every decision has to be unanimous. Executors can sometimes act alone, but major decisions often need cooperation, particularly where both have proved the will.
If deadlock cannot be resolved, options can include renunciation before taking on the role in substance, power reserved while another executor takes the grant, appointing an attorney in appropriate circumstances, mediation, or an application under section 50 of the Administration of Justice Act 1985 to remove or substitute a personal representative.
The court focuses on proper administration and the beneficiaries’ welfare.
What each executor can and cannot do alone
One executor can, in some circumstances, deal with personal property or money and bind the estate. Land is different.
Under the Administration of Estates Act 1925, where two or more personal representatives have proved, a conveyance of estate land normally requires all of them. If probate has been granted to one or some named executors while power is reserved to another, the proving executor or executors can convey without the non-proving executor.
Power reserved lets another named executor obtain probate while preserving the non-proving executor’s ability to apply later for double probate. Renunciation is different: it gives up the right permanently. HMCTS’s PA15 form requires the executor to confirm they have not intermeddled in the estate, so advice should be taken before assuming renunciation remains available after substantive administration.
Your options when you reach deadlock
| Option | When it may help | Effect |
|---|---|---|
| Renunciation | An executor wants to step aside before acting | Gives up the right to probate permanently |
| Power reserved | One executor lets another obtain the grant | The non-proving executor may later seek double probate |
| Attorney | The probate rules allow someone to act for an executor | An authorised person acts within the authority given |
| Citation | A named executor is failing to act | Can require them to accept or refuse a grant, or sometimes take one |
| Caveat | There is a genuine dispute about the grant | Stops a grant initially for six months and can be extended |
| Section 50 application | Deadlock or conduct is harming administration | The High Court can remove or substitute a representative |
| Independent administrator | Neither side can administer effectively | A neutral professional may take over |
A caveat initially lasts six months and can be extended. Under the Non-Contentious Probate Rules, a citation can require an executor to accept or refuse a grant; an executor who has intermeddled may also be cited, after six months from death, to show why they should not be ordered to take a grant.
When the court will remove an executor
Section 50 gives the High Court discretion to remove or substitute personal representatives. The principle from Letterstedt v Broers is that the main guide is the welfare of the beneficiaries. Hostility alone is not automatically enough, although serious conflict can matter where it prevents proper administration.
Failure to account, serious conflicts of interest, prolonged unreasonable delay or conduct putting estate assets at risk may justify intervention.
Since October 2024, the Civil Procedure Rules have expressly strengthened the court’s ability to promote or order alternative dispute resolution, and unreasonable refusal can affect costs. Mediation should therefore be considered before contested proceedings where agreement remains possible.
Keep records of decisions, valuations, proposals and correspondence. Our guide on building a file that stands up in court shows the value of contemporaneous evidence. Our explainer on how civil claims are allocated between tracks and note on recent court and tribunal fee changes provide wider litigation context.
Costs and estate planning
Costs are discretionary, and an executor who litigates unreasonably can face personal costs consequences.
Careful appointments can prevent disputes. Our post on choosing executors and trustees where there is an Alzheimer’s diagnosis discusses selection. Life interest trusts in wills can add complexity, while joint lasting power of attorney arrangements may be relevant to decisions made before death. An LPA ends on death.
Where the estate includes let property
A deadlock does not suspend landlord obligations. Rent may still need collecting, deposits must remain protected where the statutory rules apply, and repairs and safety duties continue.
Our guide on documenting rent arrears properly and our landlord and tenant eviction services cover the practical side. The plain English timeline of the Renters’ Rights reforms explains the 2026 changes.
Condition complaints continue too, so see managing disrepair counterclaims and our housing disrepair solicitors in London. Where the estate owns business premises, our commercial lease solicitors in London can review lease obligations and deadlines.
Frequently asked questions
Can one executor act without the other?
Sometimes. One executor may deal with personal estate, but where two or more personal representatives have proved, they normally all join in a conveyance of land. If only one or some have proved with power reserved to the others, the proving executor or executors can convey.
What if one executor refuses to do anything?
Depending on the circumstances, options include power reserved before the grant, a probate citation, mediation or a court application.
Can beneficiaries remove an executor?
Not themselves. A beneficiary can apply to the High Court under section 50 for removal or substitution. An inventory and account may also be sought in appropriate cases.
How long does an executor dispute take to resolve?
There is no fixed timetable. Negotiated or mediated disputes may resolve relatively quickly; contested proceedings can take many months or longer.
Get an early reality check on the deadlock
Most executor disputes benefit from early advice before positions harden and costs increase. Send the will, grant status, asset list and a note of the disputed decisions. Our probate solicitors in London can explain the options and likely cost implications.
Speak to our solicitors in North London on 020 3581 9293 or email info@atalawsolicitors.com.