What is the position if there are two executors and they don agree?
The duty of the executors, if they decide to accept their appointment, is to obtain probate and discharge their duty of care towards the beneficiaries. If the disagreement between executors is causing delay in the application for Probate, one of them, preferably with a solicitor’s advice, should give notice to the other that he/she intends to apply for Probate and call on the other executor to join in the application. If that executor fails to respond within the specified time, the first executor may proceed to apply for Probate on his/her own, with leave being reserved to the other executor to come in and prove the Will.
