Executor disputes
Updated 20 August 2026 · 6 minute read
Most estates generate friction; a few generate war. Whether it's two executors who can't agree or beneficiaries who've stopped trusting the one in charge, the escalation ladder is the same — and the early rungs are dramatically cheaper.
Co-executors who can't agree
Executors must act jointly — neither can outvote the other. When deadlock hits:
Put the disagreement in writing
Vague grievances become specific, and half of them dissolve on paper.
Mediate
A half-day with an estates mediator costs less than a directions hearing and preserves the relationship.
Ask the court for directions
Either executor can ask the Supreme Court to resolve a specific question — narrower and cheaper than removal.
Removal
The nuclear option: the court can remove an executor and appoint an independent administrator. Costs usually come from the estate — everyone's inheritance shrinks.
Beneficiaries vs the executor
Beneficiaries are entitled to information, proper accounts, and administration without undue delay — roughly a year before pressure is legitimate. They are not entitled to run the administration. Legitimate triggers for action:
- No progress and no explanation well past the 'executor's year'
- Refusal to provide accounts or basic information
- Self-dealing — the executor buying estate assets, or favouring themselves
- Assets left unsecured, uninsured or falling in value
Courts can freeze estate assets and demand accounts quickly. Suspicion of actual misappropriation is not a wait-and-see situation — get advice the same week.
Deadlocked or losing faith?
An initial fixed-fee consult maps the cheapest exit — usually a letter or mediation, not a courtroom.
Get fixed-fee probate quotesCan an executor be removed just for being slow?
Persistent unexplained delay can justify removal, but courts prefer directions and timetables first. Documented requests build the record either way.
Who pays the legal costs?
Reasonable executor costs come from the estate; an executor found to have acted improperly can be ordered to pay personally.
Can we just agree to replace the executor?
If the executor consents, yes — they retire and an agreed administrator applies. Consent makes everything cheap; litigation is for when it's withheld.
Sources
- State trustee and administration acts — removal and directions powers
- Supreme Court probate practice notes