Executor acting without other executors

This is a question that comes up frequently and the answer is more nuanced than many people expect.

The general legal position:

Under the law of England and Wales, executors hold the estate jointly. This means that, as a general principle, all proving executors must act together and decisions should be made unanimously. The authority of executors is joint and indivisible once a grant of probate has been obtained.

Before the grant of probate:

Any one executor can act independently in certain limited ways before the grant is issued. For example, any single executor can arrange the funeral, secure the deceased's property, and take steps to preserve estate assets. This is because an executor's authority derives from the will itself, not from the grant.

After the grant of probate:

Once probate is granted, the general rule is that all executors named on the grant must act together. This applies to major decisions such as selling property, distributing assets, and managing investments. In practice this means all proving executors normally need to sign documents, transfers, and receipts.

There are some important qualifications to this:

1. If one executor has power reserved, meaning they did not prove the will but reserved the right to do so later, the acting executors can proceed without them.

2. If one executor has renounced probate, they drop out entirely and the remaining executors carry on.

3. A sole executor can of course act alone.

4. Where there are two or more proving executors, one can give a power of attorney to another executor under section 25 of the Trustee Act 1925 to act on their behalf for a limited period.

5. Certain administrative acts of a purely routine nature may sometimes be carried out by one executor, but this is a grey area and can lead to disputes.

Practical risks of one executor acting alone:

If one executor acts unilaterally on significant matters, the other executors may have grounds to challenge those actions. Third parties such as banks, solicitors, and the Land Registry will usually insist on the signatures or authority of all proving executors before releasing funds or completing transactions. An executor who acts alone without proper authority risks personal liability for any loss caused to the estate and could face an application to the court under section 50 of the Administration of Justice Act 1985 for removal.

Where disputes arise between executors:

If executors cannot agree, the options include negotiation, mediation, or as a last resort an application to the court. The court can give directions, remove an executor, or appoint a substitute. The costs of such proceedings usually come from the estate, which reduces the inheritance for the beneficiaries, so it is strongly in everyone's interest to resolve disagreements without litigation if at all possible.

If you can tell me more about the specific situation, for example whether one executor is refusing to act, acting without authority, or blocking the administration, I can give you more targeted guidance on the practical steps available.