You've been named executor alongside someone else. The will is clear, probate is granted, and now you're both meant to work together to wind up the estate.
Except you can't agree on anything.
One of you wants to sell the family home. The other refuses. One of you wants to distribute assets now. The other insists on waiting. You both need to sign documents, but one of you won't respond to emails. The estate is stuck. Bills are piling up. Beneficiaries are demanding answers. And nobody seems to have clear authority to move things forward.
This is co-executor deadlock. And it's more common than you think.
The question most people ask at this point is simple: what happens now?
Key Takeaways
- Joint executors must act together, unless the will says otherwise, co-executors must agree on every decision and sign every document together.
- Disagreement alone does not stop everything, courts distinguish between healthy debate and genuine deadlock that stalls administration.
- Courts can give directions or remove executors, if the dispute cannot be resolved, the court can step in to authorise specific actions or replace an executor altogether.
- Delay costs the estate money, every month of deadlock means legal fees, holding costs, and potentially lost asset value.
- Document everything from day one, clear records of the dispute, your position, and attempts to resolve it will matter if the case ends up in court.
- Get advice early, not late, the longer you wait to involve a lawyer, the worse the dispute tends to become.
Why Co-Executors Must Act Together
When a will appoints two or more executors, the default rule is that they must act jointly. That means every decision, every transaction, every document requires agreement from all executors.
You cannot sell property without both signatures. You cannot instruct solicitors without both approving the step. One executor cannot simply take over and sideline the other.
This joint authority exists to protect the estate. It creates a system of checks and balances. It reduces the risk of one person acting improperly or making decisions that benefit themselves over the beneficiaries.
But it also creates a vulnerability: if the executors cannot agree, the entire administration can grind to a halt.
There are exceptions. Some wills explicitly allow executors to act independently or in the majority. But unless the will says so, unanimity is required.
And that's where the problem starts.
Joint authority is meant to protect the estate. When it becomes a weapon in a family dispute, it stops being a safeguard and starts being a roadblock.
What Usually Causes Deadlock
Executor disputes don't happen in a vacuum. They usually follow predictable patterns.
Selling the family home. One executor sees an asset that needs to be liquidated to finalise the estate. The other sees a childhood home with emotional significance. The disagreement becomes entrenched.
Timing of distributions. One executor wants to distribute assets quickly and close the estate. The other is cautious, worried about potential claims, tax issues, or creditors who haven't surfaced yet.
Choice of professionals. The executors cannot agree on which lawyer, accountant, or real estate agent to use. Each suspects the other is choosing advisers who will favour their position.
One executor refusing to act. Sometimes the problem isn't disagreement, it's inaction. One executor simply won't respond, won't sign documents, won't engage. The estate is paralysed.
Suspicion of misconduct. One executor believes the other is taking assets, using estate funds improperly, or favouring certain beneficiaries. Trust breaks down completely.
Business or investment assets. When the estate includes a trading business, investment property, or share portfolio, delay can destroy value. One executor sees urgency. The other sees risk. Neither will budge.
The underlying issue is almost always the same: a failure to separate the executor role from personal interest or family dynamics. Executors are fiduciaries. They owe duties to the estate and the beneficiaries, not to themselves. But when emotions run high, those duties get lost.
Can you separate your role as executor from your feelings about the deceased, the other executor, or the beneficiaries?
If you can't, you're already in dangerous territory.
Before every decision, ask yourself: "Am I making this choice as an executor or as a family member?" If the answer is the latter, step back and reassess.
What Can Still Be Done Before Going to Court
Not every executor dispute needs a judge.
If you're facing deadlock, the first step is not to file court proceedings. The first step is to exhaust reasonable attempts to resolve it.
Get legal advice immediately. Both executors should speak to their own lawyers (or ideally, the estate's lawyer if one has been instructed). A good estates lawyer will often help you see where your position is strong, where it's weak, and whether you're arguing about something that doesn't actually matter.
Sometimes the dispute evaporates once someone explains the law.
Document the disagreement. Put your position in writing. Set out clearly what you think should happen and why. Do the same for the other executor's position. This creates a paper trail that will be essential if things escalate.
Propose mediation. Suggest that both executors meet with an independent mediator or a senior estates lawyer who can help broker a solution. Mediation is not a sign of weakness. It's a sign that you're serious about resolving the problem without burning the estate's money on litigation.
Agree on one step at a time. If you cannot agree on everything, can you agree on the next single action? Selling one asset, instructing a valuer, getting a tax ruling. Breaking the deadlock into smaller decisions can sometimes create momentum.
Consider whether the other executor has a point. This sounds simple, but it's often the hardest step. If the other executor is raising legitimate concerns about tax, timing, or risk, you may need to reconsider your own position.
If none of this works, then the dispute has moved from a family problem to a legal problem.
Courts are expensive, slow, and unpredictable. If there's a way to resolve the dispute without litigation, take it. If there isn't, move decisively.
When the Court Can Step In
If the deadlock cannot be resolved, the court has powers to intervene.
There are two main pathways: directions and removal.
Court Directions
The court can give directions to executors on specific questions about the administration of the estate. This is not about deciding who is right or wrong. It's about giving the executors clear authority to take a step that they cannot agree on.
You might ask the court:
- Should the family home be sold or retained?
- Can one executor instruct solicitors on behalf of both?
- Should a particular asset be valued before distribution?
- Can the estate proceed with a particular transaction?
Directions applications are useful when the disagreement is genuine, not frivolous, and relates to a specific decision that needs to be made. The court will consider the terms of the will, the interests of the beneficiaries, and what is in the best interests of the estate.
If the court gives a direction, it typically binds both executors. The deadlock is broken.
But directions do not resolve personality conflicts or underlying mistrust. If the executors are fundamentally unable to work together, directions may just delay the inevitable.
Removal or Replacement of an Executor
If the dispute is deeper than a single decision, the court can remove an executor altogether and appoint someone else in their place.
This is a serious step. Courts do not remove executors lightly.
Disagreement alone is not enough. The court needs to be satisfied that the executor's conduct or the deadlock itself is causing real harm to the estate. That might include:
- Unreasonable refusal to act
- Conduct that breaches fiduciary duties
- A deadlock so entrenched that the estate cannot be administered
- Loss of trust or confidence in the executor by the beneficiaries
- Conduct that puts the estate at risk
The test is whether removal is in the interests of the estate and the beneficiaries. If the answer is yes, the court will act.
Can you point to specific harm being caused by the deadlock? Delay, cost, lost value, unpaid creditors, beneficiaries left in limbo?
If you can, removal becomes a realistic option. If you can't, you may struggle to convince a court to intervene.
If you're considering applying to remove the other executor, get a costs estimate first. Removal applications can be expensive and time-consuming. Make sure the benefit to the estate justifies the cost.
What Deadlock Does to Time, Cost, and Estate Administration
Deadlock doesn't just create frustration. It creates tangible harm.
Time. Every month of delay extends the administration. Assets sit unsold. Distributions are postponed. Beneficiaries wait. In some cases, statutory time limits for tax elections or claims against the estate can expire while the executors argue.
Cost. Legal fees accumulate quickly. If both executors instruct their own lawyers, the estate is paying twice. If the dispute ends up in court, costs can run into tens of thousands of dollars. All of this comes out of the estate, reducing what's left for beneficiaries.
Asset value. Some assets lose value while sitting idle. A business without active management declines. Investment property in a rising market might miss the peak. Shares can fall. Perishable assets deteriorate.
Reputational damage. If the estate includes business interests or professional relationships, a public dispute between executors can damage the deceased's reputation and the estate's standing.
Stress on beneficiaries. Beneficiaries are often left in the dark while executors fight. They see nothing happening, receive no communication, and assume the worst. That stress compounds the family conflict.
The longer the deadlock continues, the worse these problems become.
If you're an executor stuck in a dispute, ask yourself: what is this costing the estate every week that it continues?
Deadlock is not a neutral state. It's a slow bleed on the estate's value, the beneficiaries' interests, and your own reputation as an executor.
When One Executor Refuses to Act
Sometimes the problem isn't disagreement. It's absence.
One executor simply won't engage. They won't return calls, won't sign documents, won't attend meetings. The estate is stuck because one person has checked out.
This is a different problem, but the solution is similar.
If an executor is refusing to act, the other executor can apply to the court for directions authorising them to act alone, or for the removal of the non-participating executor.
Courts take a dim view of executors who accept the role and then abandon it. If you can show a clear pattern of non-engagement, the court is likely to act.
But you need evidence. Document every attempt to contact the other executor. Keep records of unanswered emails, missed meetings, and unsigned documents. That paper trail will be critical if you end up in court.
If the other executor is uncontactable, send them a formal letter (through their lawyer if they have one) setting a reasonable deadline to respond. If they don't, that letter becomes evidence of their refusal to act.
Can One Executor Act Without the Other?
In most cases, no.
Unless the will explicitly allows executors to act independently, or unless the court has given directions authorising one executor to proceed, joint executors must act together.
If one executor tries to act unilaterally, that action is likely to be invalid. Contracts signed by one executor alone may not bind the estate. Transactions may be challenged. And the unilateral executor may face personal liability if the action causes loss to the estate.
There are narrow exceptions. In some states, legislation allows executors to take urgent or protective steps without full agreement if delay would cause serious harm. But these exceptions are limited and fact-specific.
If you're thinking about acting without the other executor, get legal advice first. The risk of getting it wrong is too high.
Acting unilaterally might feel like the only way to break the deadlock. But if you get it wrong, you'll be the one facing a breach of duty claim.
How to Avoid the Same Problem in the Future
If you're in the middle of an executor dispute, you're probably not thinking about prevention. But if you're making or updating a will, this is the moment to consider whether appointing co-executors is the right choice.
Appoint executors who can work together. If the people you're considering have a history of conflict, appointing them as joint executors is asking for trouble.
Give clear guidance in the will. If you want executors to be able to act independently, say so. If you want majority decisions to be enough, say so. If you want one executor to have a casting vote, say so. Clear drafting prevents disputes.
Consider a professional executor. If your estate is complex, or if family dynamics are difficult, appointing a solicitor or trustee company as executor (or as a third executor alongside family members) can provide a neutral voice and reduce the risk of deadlock.
Allow for removal or resignation. Some wills include mechanisms for executors to resign or for beneficiaries to remove and replace an executor by majority vote. This gives the estate a circuit-breaker without needing to go to court.
Talk to the people you're appointing. Make sure they understand the role, the expectations, and the need to work collaboratively. A conversation before you die can prevent a dispute after.
If you're appointing co-executors because you want checks and balances, consider whether that benefit outweighs the risk of deadlock. In many cases, one competent executor is better than two executors who cannot agree.
What to Do Next
If you're stuck in an executor dispute, here's the practical path forward.
Step one: get legal advice immediately. Speak to a lawyer who specialises in estate litigation. They'll help you understand your position, the other executor's position, and the most cost-effective way to resolve the dispute.
Step two: document everything. Put your position in writing. Keep records of all correspondence. Note every attempt to resolve the disagreement. This paper trail will be essential if the matter escalates.
Step three: propose mediation. Suggest that both executors meet with an independent estates lawyer or mediator to try and broker a solution. Most disputes can be resolved at this stage if both parties are willing to engage.
Step four: consider court directions. If mediation fails and the deadlock is about a specific decision, apply to the court for directions. This is usually faster and cheaper than a removal application.
Step five: apply for removal if necessary. If the dispute is entrenched, if the other executor is acting improperly, or if the deadlock is causing real harm to the estate, you may need to apply to remove the other executor. This is a last resort, but sometimes it's the only option.
The key is to act decisively. Every week of delay costs the estate money and makes the dispute harder to resolve.
Executor deadlock is not just a family problem. It's a legal and commercial problem that affects the value of the estate, the interests of the beneficiaries, and your own duties as a fiduciary.
If you're in the middle of a dispute, you need clear advice on your options, your risks, and the most effective way to move forward.
And if you're considering appointing co-executors in your own will, think carefully about whether the checks and balances they provide are worth the risk of deadlock if things go wrong.
The right lawyer won't just tell you what the law says. They'll help you see the pathway forward and give you the clarity to make the right decisions.
Deadlock doesn't resolve itself. The longer you wait, the more it costs the estate and the harder it becomes to fix. Act early, act decisively, and act with advice.
Disclaimer: This article is for general information only and does not constitute legal advice. The law on executor disputes varies by state and territory, and every situation is different. If you are involved in an executor dispute or concerned about the administration of an estate, you should seek specific legal advice based on your circumstances.
