What happens when co-executors disagree, when one executor may act alone, how power reserved and renunciation differ, and the court routes for deadlock.
This guide is part of ProbateHelp's Will Disputes guide cluster. Estimated reading time: 13 min.
No single rule answers every transaction. Co-executors share responsibility, but one executor can carry out some acts and may bind the estate. Other transactions, institutional mandates, land dealings or court orders can require joint action or particular signatures. Check the act, the asset and the grant before proceeding.
Do not rely on a blanket yes or no. The legal title, number and capacity of personal representatives or trustees, contract, overreaching requirements and Land Registry evidence all matter. A conveyancer should confirm who must sign before a sale is agreed.
Renunciation is normally a pre-grant route and can be lost by intermeddling. An executor who has proved the will cannot simply sign a deed and leave the office. Court substitution or another properly advised route may be needed.
Where one or more named executors apply and another does not prove, power may be reserved to the non-proving executor. It is different from renunciation and can allow a later application for a further grant. The probate application must account for every named executor.
A claim under section 50 of the Administration of Justice Act 1985 must be brought in the High Court and is assigned to the Chancery Division under CPR 57.13. Do not use estate value to redirect it to the County Court.
Not automatically. The executor's own LPA does not simply make the attorney a replacement personal representative. Probate rules, the grant and possible court directions or substitution need specialist review.