Can One Executor Act Without the Other?
A co-executor is unavailable, silent or refusing to agree. Before proceeding alone, establish who has proved and precisely what you need to do.
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Can one executor act alone?
Sometimes, but there is no general right to bypass a co-executor. The answer depends on the proposed act, who has proved the will, the asset involved and any restrictions or court order. Being named in the will is different from being a proving executor named on the Grant.
Separate three questions: do you have legal authority, will the organisation accept your instructions, and is the proposed decision consistent with your duties?
First establish who has proved
Read the will, any codicils and the actual Grant. Do not assume that every person named in the will is currently acting under the Grant.
| Position | What to establish |
|---|---|
| No Grant yet | Who intends to apply, who has been notified and whether anyone has already taken substantive administration steps. |
| Two or more executors have proved | They remain personal representatives. One stopping work does not remove their appointment. |
| Power reserved to another named executor | They have not joined the current Grant but retain the ability to apply later. Check for any later Grant. |
| An executor has renounced | Check the formal document and its effect. Silence or an informal wish to stop is not the same as renunciation. |
Section 8 of the Administration of Estates Act 1925 enables the proving executor or executors to exercise the personal representative’s powers where only some named executors have proved. It does not mean that one of several proving executors can ignore every requirement for joint action.
GOV.UK explains power reserved and renunciation. Form PA15 is for renunciation, not power reserved. Whether an executor can renounce may depend on what they have already done; get advice where intermeddling or an existing Grant is involved.
Which task needs doing?
Some acts relating to personal estate may be effective when undertaken by one executor. That is not a safe rule for every asset or decision. The legal power, the terms of a bank mandate, the executor’s duties and any separate trustee role all need checking.
| Proposed step | Question to check |
|---|---|
| Gather information or arrange protective work | What evidence of authority is required, and what work can safely proceed without prejudging the dispute? |
| Collect or move money | Who may give a receipt or instruction, and what does the account mandate or institution require? |
| Sell or transfer estate land | Who has proved, whose concurrence is needed for the contract and conveyance, and is any order required? |
| Pay a beneficiary or settle a disputed claim | Are entitlement, liabilities, reserves and authority established? Do not treat access to funds as permission to distribute. |
| Deal with an ongoing will trust | Is the act being done as executor or trustee, and what rules and trust terms govern it? |
Can one executor sign for a property sale?
For estate land within section 2(2) of the Administration of Estates Act 1925, concurrence is required from the relevant personal representatives, or a court order. This covers a contract for conveyance as well as the conveyance itself. Where only some named executors have proved, the proving executor or executors can act under the statutory provision.
Therefore, an executor with power reserved is in a different position from a co-executor who has proved but now refuses to cooperate. Check the title and any trust arrangements with the conveyancer; jointly owned land and property already held on trust can raise different questions.
See the estate property-sale deadlock guide. A power to sell does not by itself establish who can receive the proceeds.
What if the bank asks for every signature?
Ask the bank, investment provider or other institution to identify its requirements for this specific instruction. They may depend on the Grant, account mandate, transaction and any conflicting instructions already received. Different organisations need not use the same process.
Keep its written explanation. If the requirement appears inconsistent with your appointment or the proposed task, obtain clarification or advice. Do not conceal the existence of a co-executor, use their credentials or sign on their behalf without proper authority.
Two situations that look similar
Illustration only. A will names A and B. Probate is granted to A, with power reserved to B. For an estate-land sale within section 2(2), B is not automatically required to join simply because the will names them.
If probate was instead granted to both A and B, B’s later silence does not turn A into the sole proving executor. The conveyancer needs to establish the appropriate route before exchange or transfer.
What if the necessary agreement is missing?
- Name the blocked act. Identify the instruction, decision or signature required.
- Ask for the reason. Separate a missing document, valuation concern or capacity issue from a refusal without explanation.
- Propose a defined next step. Supply the relevant information and a realistic response date.
- Review the appointment and remedy. Pre-Grant options and post-Grant obstruction require different analysis.
Use the guides on refusal before probate and refusal after probate for those pathways. Majority agreement between executors is not a universal solution, and removing someone is not the automatic first step.
Documents to gather
- The will, codicils and Grant, including any later Grant or relevant order.
- The exact transaction and the document or instruction awaiting approval.
- The institution’s or conveyancer’s written requirements.
- The co-executor’s stated objection and the relevant correspondence.
If no will exists, check who can administer an intestate estate; do not apply executor rules unchanged to someone who has not yet been appointed administrator.
A Defined Review with Justin Patten
Stage 01: Factual Audit & Action Plan costs £400 + VAT (£480 including VAT). Justin personally reviews up to 20 selected core pages, discusses the issue with you in a 30-minute consultation and provides a two-page Action Plan.
The review can identify the appointment position, the blocked transaction and the information or specialist input needed. It does not include conveyancing, a court order or implementation of a transaction.
The Action Plan is normally delivered within three working days after the consultation and receipt of all required documents, whichever is later. See scope, exclusions and fee-credit terms.
Any further work requires a separately agreed scope and fixed fee, approved by you in writing before it begins. You can stop after the Action Plan. An enquiry does not commit you to payment.
General information, not advice on an individual estate. For a live deadline, issued proceedings or an immediate asset risk, obtain prompt appropriate advice; do not wait for Stage 01.
Written by Justin Patten, Solicitor, principal of Human Law and author of The Out-of-Court Executor. Reviewed 22 October 2026.