What happens if a co-executor disagrees with a decision?
The co-executors may need to follow the tie-breaking provision contained within the decedent’s will. In some cases, the will includes specific language as to how co-executors should handle a disagreement. This may include involving a named third-party to serve as the tie-breaking vote for a decision.
Is it good to have a co-executor in a will?
However, while there can be good reasons for having co-executors, there are also drawbacks, including the risk of conflict between them. Most people name an executor in their will, as well as one or more contingent executors, who step in if the primary executor dies or is otherwise unable or unwilling to act.
What happens if joint executors cannot reach an agreement?
If an agreement still cannot be reached, and the Estate administration cannot be progressed as a result, then it may be possible to for one Executor to apply to the Court to have the other removed. Joint Executors can choose to jointly appoint a professional Probate expert, such as Probate Law Centre, to deal with Probate on their behalf.
Why are there conflicts between co-executor siblings?
Conflicts may arise, especially between co-executor siblings, for numerous reasons, including: 1 Long-standing conflicts unrelated to the estate 2 One co-executor feeling that he is doing most of the work 3 One co-executor feeling that the other is usurping what should be shared responsibilities 4 Disagreement over the value of property
What happens when co-executors don’t agree?
The following is an overview of three of the most common possibilities: One of the co-executors may opt to back down and agree to follow the wishes of the other executor. It is important, however, that the proposed action not violate any of the duties or obligations of the co-executors.
What should I do if my executor disagrees with Me?
In such a case the only option left is to apply to the Supreme Court for court orders and directions. Depending on the dispute they can ask the court for guidance on a specific part of the dispute.
What happens when co-executors disagree-the Grossman law?
This is true in situations where the co-executors have no other means for working out their disagreement and must request that the court make the decision as to how to proceed. Judges have the legal authority to do so.
Can a spouse be a co-executor of an estate?
Most married people name their spouse as executor and an adult child as a contingent executor. An unmarried person with adult children often names an adult child as the primary executor. Co-executors, on the other hand, are all primary executors who share the responsibility of managing the estate.