Co-Executor Refusing to Act or Communicate
Being named as one of several executors does not always mean that every executor must take the Grant immediately. An executor may agree to act, allow another executor to prove with power reserved, renounce before becoming involved in the administration or appoint an attorney in appropriate circumstances.
The problem arises when the executor does none of those things—or has taken the Grant and then refuses to participate.
There is no single remedy for every executor deadlock. The first task is to establish the inactive executor’s precise legal and procedural status.
What Should the Active Executor Establish First?
Before threatening formal action, confirm:
- whether a Grant has already been issued;
- whether the inactive person is named as an executor in the latest will;
- whether any substitute-executor provision applies;
- whether the executor has accepted office or become involved in the administration;
- whether the executor has signed a renunciation;
- whether power has been reserved;
- whether the executor may lack capacity or be unable to act;
- what documents or decisions are presently being withheld;
- what attempts have been made to obtain a response; and
- what delay is costing the estate.
* The correct route may be completely different depending on the answers.
Not Every Non-Proving Executor Is Obstructing the Estate
Where several executors are appointed, it may be unnecessary for all of them to take the Grant. The available arrangements can include:
| Executor’s position | Possible consequence |
|---|---|
| Proves the will | The executor is named in the Grant and participates in the administration. |
| Power reserved | Another executor takes the Grant while the non-proving executor retains the ability to apply later. |
| Renunciation | The executor gives up the right to prove and act in the administration, subject to the relevant requirements. |
| Attorney application | An attorney may apply in permitted circumstances using the appropriate procedure. |
| No decision or response | The application may stall while the active executor considers notice, agreement or citation. |
| Already named in the Grant | The issue is post-Grant deadlock and cannot ordinarily be solved through a citation to accept or refuse the Grant. |
* Current government guidance explains the basic choices available where more than one executor is named. Read the GOV.UK guidance on multiple executors →
Option 1 — Agreement and a Defined Timetable
The first proportionate step is often focused written correspondence. The purpose is not to rehearse every family disagreement. It is to establish whether the executor will:
- participate in the probate application;
- permit the application to proceed with power reserved;
- execute a valid renunciation if appropriate;
- identify any genuine objection to the proposed administration;
- provide a missing document or signature; or
- explain an issue affecting their ability to act.
Core Elements of the Approach
The correspondence should identify:
- the current Grant and administration position;
- the precise document or decision required;
- previous attempts to obtain a response;
- the effect of continuing delay and material carrying costs;
- a reasonable response date; and
- the procedural options that may be considered if no response is received.
A clear request is generally more useful than broad accusations of obstruction.
Option 2 — Proceeding With Power Reserved
Where one or more executors are willing to prove the will, it may be possible for the Grant application to proceed with power reserved to another named executor. Power reserved is not the same as renunciation.
An executor with power reserved:
- is not initially named as a proving executor;
- does not participate in the administration under the existing Grant;
- retains the ability to apply for a further Grant later; and
- should receive the prescribed notice concerning the application.
Whether this route is available and appropriate depends on the will, the status of the executors, the application process and any objection raised. Power reserved may provide a practical solution where an executor does not wish to participate immediately but is not prepared to renounce permanently.
It may not solve the problem where the executor actively disputes the application, withholds essential material or has already become substantively involved in the estate.
Option 3 — Renunciation
An executor who does not wish to act may be able to renounce. Renunciation is intended to give up the executor’s right to prove and participate in the administration permanently.
HMCTS currently provides Form PA15 for this purpose. View the official renunciation form and guidance →
Renunciation should not be treated as an informal statement such as “I do not want to be involved.” The required document and formalities must be completed.
The ability to renounce may be affected by what the executor has already done. Where an executor has intermeddled in the administration or otherwise accepted office, legal advice may be required before assuming that renunciation remains available.
The distinction between the executor’s administrative office and any beneficial entitlement is important: renouncing as executor does not, by itself, remove a separate entitlement to inherit under the will.
Option 4 — Citation to Accept or Refuse a Grant
Where a named executor has not proved, renounced or responded, a citation to accept or refuse a Grant may be considered under rule 41 of the Non-Contentious Probate Rules 1987.
A citation is not simply a forceful solicitor’s letter. It is a formal Probate Registry procedure. Its purpose is to require the cited executor to take a procedural position: accept the Grant and proceed, or allow the right to prove to be addressed through the default process.
The person seeking the citation must have the required interest and ordinarily needs to show that they would be entitled to a Grant if the cited executor renounced or lost the right to prove. That threshold should be assessed before the procedure begins.
Subject to the Registry’s current requirements, the process may involve:
- checking entitlement and the status of the named executor;
- entering an appropriate caveat to preserve the Grant position;
- preparing supporting evidence;
- preparing and lodging the proposed citation;
- issue through the Probate Registry;
- personal service on the cited executor;
- filing evidence of service;
- allowing the prescribed period for an Appearance; and
- applying for the appropriate further order if the executor remains in default.
A citation ordinarily requires the cited person to enter an Appearance within eight days after service. Service and procedural requirements should be checked carefully before relying on a default.
Section 5 of the Administration of Estates Act 1925 provides that where an executor is cited to take out probate and does not appear to the citation, their rights in respect of the executorship cease.
The default concerns the cited person’s right to prove and act as executor. It does not, by itself, extinguish a separate beneficial entitlement under the will.
Following the appropriate procedural steps, representation and administration may then be committed as if that person had not been appointed executor.
If the cited executor appears and accepts the obligation to take the Grant, they may be required to proceed within the applicable timetable. If they appear but still fail to progress the Grant, a further application or summons may be required. The appropriate order depends on the citation, response and entitlement of the person seeking the Grant. A citation can narrow the issue, but it does not guarantee immediate administration.
Why a Citation Should Not Be Automatic
Before starting citation proceedings, consider:
- whether the active party has the required entitlement;
- whether the executor has already intermeddled;
- whether power reserved or renunciation could be agreed;
- whether the inactive executor lacks capacity or faces another genuine impediment;
- whether a caveat or competing probate issue exists;
- whether the proposed service arrangements are reliable;
- what order will be sought following default;
- the cost and proportionality of the procedure; and
- whether the dispute has already become contentious.
The objective is not to punish an unresponsive executor. It is to restore lawful progress in the administration through the narrowest proportionate route.
What if the Grant Has Already Been Issued?
This is the critical dividing line.
A citation to accept or refuse a Grant is generally directed at a person who has not yet taken the Grant. It is not ordinarily the solution where both executors have already proved and are named in the Grant.
- Refusal to sign a property or asset document;
- Disagreement about obtaining valuations;
- Failure to settle liabilities;
- Disagreement over interim or final distribution;
- Refusal to approve estate accounts;
- Withholding estate records;
- Unilateral action by one executor; or
- Allegations of delay or breach of duty.
- A focused request identifying the decision required;
- A timetable for exchange of information;
- Neutral professional advice;
- Clarification of the estate accounts;
- Mediation or structured negotiation;
- An application for directions; or
- Proceedings for the removal or substitution of a personal representative.
Removal or substitution is a judicial remedy and requires separate litigation advice. Human Law does not conduct litigation or act on the court record. If proceedings become necessary, the relevant chronology, documents and preliminary analysis can be organised for an efficient handover to an appropriate litigation practitioner.
What if the Executor Has Lost Capacity?
Silence should not automatically be treated as deliberate obstruction. An executor may be unable to act because of illness, cognitive impairment or another capacity-related issue. The will should also be checked for an effective substitute-executor provision.
Depending on the circumstances, the process may involve medical evidence, a substitute executor named in the will, an attorney or deputy, the prescribed probate form, or an application by another entitled person.
* Current government guidance identifies Form PA14 and related routes where a named executor cannot apply because of a mental-health condition or impairment.
What Should Be Recorded?
The active executor should maintain a clear record of:
- attempts to contact the co-executor;
- letters, emails and delivery evidence;
- responses received;
- documents awaiting signature;
- decisions that cannot presently be implemented;
- estate costs continuing during the delay;
- insurance, tax and property deadlines;
- steps taken to protect estate assets; and
- reasons for any decision to escalate.
* This record may be relevant to proportionality, costs, the executor’s own conduct and any later application.
Eight Questions Before Taking Formal Action
These questions separate general family conflict from the narrow procedural issue controlling progress.
When Should Legal Advice Be Obtained?
Advice should be considered promptly where:
- the executor has not responded to formal correspondence;
- there is uncertainty about intermeddling or the validity of a renunciation;
- the executor disputes the will or entitlement to the Grant;
- a citation is being considered;
- a caveat has been entered;
- the Grant has already been issued to the inactive executor;
- estate assets or tax positions are at risk;
- an executor may lack capacity;
- removal or substitution may be required; or
- proceedings or urgent relief may become necessary.
The appropriate objective is not always to remove the executor. It may be to obtain a decision, clarify responsibility, preserve the estate or establish the correct person to take the Grant.