Resolving Disagreements Among Joint Executors and Attorneys

When you write your will you need to name an executor to administer your estate. When making a Power of Attorney, you’ll name an attorney to help make decisions when you’re no longer able to.

You can choose more than one executor or attorney – but what happens when the people who are supposed to look after you and your bits and bobs don’t agree with each other?

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What’s an executor and an attorney?

A will is a legal document outlining your final wishes for your possessions, property, and money. Your executor is the person who collects your estate, gaining access to bank accounts and other assets. They then distribute your estate to your beneficiaries according to your will. Remember, Power of Attorney isn’t included in your will.

A Lasting Power of Attorney (LPA) gives someone the legal right to act on your behalf when you lack the physical or mental capacity to do so. It’s sensible to put one in place if you’ve been diagnosed with an illness like dementia, you’re going into hospital, or simply as a precaution. Depending on the type of LPA you choose, your attorney can manage your financial or medical affairs, while you can still keep control over decisions made through your LPA.

How many executors or attorneys can you have?

You can name up to 4 executors in your will.

You can name up to 5 attorneys in your LPA.

It’s sensible to name at least two executors or attorneys, so one can act as a substitute if your first choice is unable to do so. Before naming multiple attorneys and executors, consider how well they work together. It’s a significant responsibility, and others will depend on them to act swiftly, decisively, and in your best interests.

When you name more than one attorney or executor, you’ll need to decide how they make decisions. Decisions can be made:

Jointly – everyone must agree before action can be taken.
Jointly and severally – attorneys and executors can act on their own or together, depending on what is needed.

Your will or Power of Attorney can specify that some matters must be decided jointly, while others can be handled jointly and severally.

What happens when joint attorneys or executors disagree?

Sometimes, even with careful planning, disagreements can arise. For example, disputes may happen over selling a property to a beneficiary rather than on the open market, or over certain medical treatments.

So, how can disagreements be avoided?

Split responsibilities – your will and your LPA both let you decide who takes on which duties. Use this to your advantage.
Communication – miscommunication, or deliberate misunderstanding, is often the cause. Feuding executors and attorneys should calmly and respectfully discuss difficult decisions.
Compromise – decisions regarding a will should reflect your wishes. LPA decisions should always be made in your best interests.

How can disputes be resolved?

The best way to resolve a dispute is for both parties to sort it out between themselves. Time should be set aside to see whether a mutual agreement can be reached. These discussions can be formal or informal, but both sides should aim to find a practical solution.

If this proves impossible, the next step is to contact an independent mediator.

Mediators are often used in legal disputes, including family and employment matters. If attorneys and executors are struggling to find common ground, a mediator can ensure both sides are heard and may suggest practical ways forward.

If mediation fails, the dispute may need to go to court. If you find yourself in this position, always seek legal advice.

LPA

If attorneys are acting jointly and cannot agree, a court may decide to cancel the LPA unless a replacement attorney has been named. If attorneys are acting jointly and severally, one attorney can choose to stop acting without affecting the existing LPA.

Wills

If two or more executors disagree, the court can remove an executor if doing so is in the best interests of the estate and helps ensure your wishes are carried out properly. If no substitute executor has been named, the court can also appoint a replacement.

Preparing for the future

Choosing the right executor or attorney is extremely important. It helps make sure your family is taken care of when you can no longer manage things yourself.

Whatever the future holds, getting your will and LPA sorted can give you real peace of mind. Getting it right first time with legal professionals who understand your needs can make the process much easier. With just a few questions, you can find and compare solicitors near you for free.