What happens if joint executors can’t agree?

Being named as an executor in a Will is a serious responsibility and when there are joint executors, it’s essential that they work together to carry out the deceased’s wishes. But what happens when joint executors can’t agree?

Unfortunately, disputes between executors can delay estate administration, increase costs, and cause distress to grieving families. As experienced estate lawyers in Victoria, we’ve seen how these situations unfold and we’re here to guide you through your options.

What is a joint executor?

When a Will names more than one person as executor, those individuals are expected to act jointly in managing the estate. If they all agree to act as executors that means they must:

• Make decisions together
• Sign documents together
• Share responsibility for distributing assets and fulfilling legal duties

In some families, this works smoothly. But in others, especially where there are existing tensions, complex family structures, or differing views conflict can arise.

Common disagreements between joint executors

Disputes between executors can arise over:

• How assets are valued or sold (e.g. whether to keep or sell a family home)
• Timing of distributions to beneficiaries
• Choice of lawyers, accountants, or real estate agents
• Handling of personal items or sentimental belongings
• Reimbursements or payments of debts  
• How to handle a claim against the estate

These disagreements can result in delays, increased legal costs, and in some cases, complete breakdown of the administration process.

What happens if executors can’t agree?

If joint executors cannot reach agreement, the law provides several options:

1. Useful legal advice

Sometimes, disagreement comes from misunderstanding rather than bad faith. An estate lawyer can:

• Explain the executors’ duties
• Clarify legal requirements
• Advise options for resolving the impasse

It is our experience that often the executors explaining their difference of opinion and obtaining advice can sort the situation, usually because the issue has arisen due to different interpretations of what needs to occur. 

2. One executor may step aside

If one executor is unwilling or unable to work cooperatively, they may:

• Consent to the other executor acting alone
• Renounce their role before probate is granted (by filing a renunciation with the court), or

This is sometimes the simplest way forward, especially when one executor doesn’t want the stress or responsibility.

3. Seek Court direction

If agreement cannot be reached and no one is willing to step down, an executor can apply to the Supreme Court of Victoria for:

• Directions on how to proceed
• An order resolving a specific issue (e.g. whether to sell a property)
• The removal of one of the executors in extreme cases

The Court will only intervene if it’s necessary to protect the estate or beneficiaries and will focus on the best interests of the estate, not family politics.

Can the court remove an executor?

Yes, but it’s not done lightly. A court can remove an executor if:

• They are not performing their duties
• They are acting dishonestly or unreasonably
• They are causing undue delay or loss to the estate
• There is a complete breakdown in cooperation between executors

Courts prefer to avoid this unless the situation cannot be resolved in any other way. Removal applications can be expensive and emotionally taxing so legal advice is essential before going down this path.

Key takeaways for executors in conflict

• Executors must act together and put the estate’s interests first
• If you’re having trouble working together, seek legal advice early
• You can consider renunciation, mediation, or court direction
• Don’t let personal conflict delay the estate. Beneficiaries may be entitled to take action if administration stalls
• You have the right to choose your own estate lawyer to help guide you through difficult situations

How OFRM Lawyers can help

At OFRM Lawyers Bendigo, we understand how emotionally complex estate matters can be, especially when family members are struggling to work together.

We help executors:

• Understand their legal responsibilities
• Navigate the probate process with clear, professional support
• Step in with practical solutions when executors reach a deadlock
• Provide independent advice to a concerned joint executor to help them decide what to do