What happens when executors can’t agree on how best to administer an estate? Nicola K Smith shares the signs to look out for and says swift action is essential to keep a lid on simmering tensions.
You’ve drafted a perfectly sound Will. The client chose trusted individuals to act as executors – but fast forward to probate, and the wheels fall off.
One won’t sign documents. The other moves assets without consent. Instructions go ignored. Communication breaks down. Sound familiar?
Deadlock between executors is one of the most disruptive (and costly) probate challenges. But with early spotting and firm legal intervention, it doesn’t have to drag the estate down with it.
How deadlock happens
Executor disputes don’t always stem from animosity though that’s common. More often, deadlock arises from:
- Unequal involvement – one is proactive, the other passive or obstructive.
- Historical family conflict – sibling rivalries and stepfamily dynamics reignite.
- Lack of trust – especially where there are suspicions of financial misconduct.
- Power struggles – disagreements over approach, priorities, or communication.
And once communication fails, delay and dysfunction follow.
First three steps to break deadlock
- Identify the triggers
Look for patterns: has one executor been left out of decisions? Are there disputes over valuation, legal advice or distribution? Flag these issues early.
Top tip: Record concerns in correspondence. This can help justify action later.
- Encourage mediation
Formal litigation is costly and stressful. A skilled mediator can often reset expectations, rebuild trust, and unblock administration.
Use early – before court threats escalate hostilities.
- Section 50 warning shot
If deadlock continues and is harming the estate, a letter before claim for an application under Section 50 Administration of Justice Act 1985 can be effective.
It puts pressure on the obstructive party to engage – and shows you’re acting in the estate’s best interests.
Real-life example
In one recent matter, three siblings were appointed as executors – two living abroad, one in the UK. The UK executor began distributing items and closing accounts without proper notice. The result? Chaos, distrust, and a bitter costs battle.
Had the parties agreed at the outset to appoint an independent solicitor-executor, or taken early legal advice when problems emerged, much of the damage could have been avoided.
Final word
When executors can’t agree, everyone suffers – especially beneficiaries. But deadlock isn’t inevitable. With early advice, strong communication, and a willingness to act, we can keep estates moving and families (just about) holding together.
If you’re facing executor difficulties – or suspect a deadlock brewing – seek legal advice sooner rather than later. The estate will thank you.
About the author
Nicola K Smith is a senior associate in the specialist Contentious Trusts, Probate and Court of Protection team at Forbes Solicitors, based in Manchester. With over 12 years of litigation experience, she now focuses exclusively on disputes involving the administration of estates, trusts and the affairs of vulnerable individuals.
