A dispute between co-executors happens when two or more people named to administer a deceased person's estate cannot agree on how to proceed, or when there is uncertainty over who is entitled to act as executor at all. Irish succession law, principally the Succession Act 1965, gives the High Court power to grant probate to one or more executors and to limit that grant as it thinks fit. The Court can also revoke, cancel or recall a grant of probate or administration where circumstances require it. The Probate Office administers the practical side of these disputes, from lodging a caveat to issuing a citation. This guide sets out each mechanism, who can use it, and the rough cost and timeframe involved.
An executor is the person named in a will to gather in the deceased's assets, pay debts, and distribute the estate to beneficiaries. A co-executor is simply one of two or more people appointed to do this job jointly. Where there is no will, or the named executor cannot or will not act, the person who takes on this role instead is called an administrator.
What Does It Mean When Co-Executors Disagree?
A disagreement between co-executors does not automatically stop an estate being administered. The High Court has power to grant probate to one or more of the named executors and can limit that grant in any way it thinks fit. This flexibility is what allows the mechanisms described below (renunciation, caveats, citations, and court applications) to resolve deadlock without abandoning the estate altogether.
Executors, once appointed, are obliged to distribute the estate's assets as soon as possible after the death, and may face legal action from beneficiaries if the estate is not distributed within a year. An executor must also make sure a surviving spouse or civil partner is aware of their right to a legal right share, and must distribute in line with the will and the law. These duties apply regardless of whether co-executors agree with one another; the estate's administration cannot simply be put on hold while a personal disagreement is resolved informally.
Who Is Entitled to Act as Executor, and What Happens if the Named Executor Is Unwilling or Unsuitable?
Where there is no will, or a will exists but no executor was appointed, an administrator is appointed instead, usually the next of kin or a solicitor. An administrator may also be appointed where the named executor cannot act as executor, or where the executor is unwilling to carry out their duties.
If a person named as executor has already taken a grant, or has otherwise intermeddled in the estate (dealt with its assets), but now wants to step back, they generally need the Court's liberty to renounce. This application relies on section 26(2) of the Succession Act 1965 and requires a Notice of Motion, supporting affidavits, exhibits and a booklet of pleadings, with a court fee of €100. Where special circumstances make it necessary or expedient, the High Court (or the Circuit Court, within its jurisdiction) may pass over the usual order of entitlement entirely and order that administration be granted to whichever person it considers appropriate.
When Will the Court Pass Over or Remove an Executor?
The court will pass over the usual entitlement to act, or remove an executor, where special circumstances make this necessary or expedient rather than following the ordinary order of priority. This can take the form of appointing a full administrator, or a limited administrator for a specific purpose, both grounded in section 27(4) of the Succession Act 1965, each requiring a Notice of Motion, affidavits, exhibits and a booklet of pleadings, with a fee of €100.
A useful point for anyone unfamiliar with this area: a limited administrator appointed while legal proceedings are pending over a will's validity, or over obtaining or revoking a grant, does not get full powers. Under section 27(7) of the Act, this type of administrator has all the powers of a general administrator except the right to distribute the estate, and must act under the Court's immediate direction. In practice this means the estate can be protected and managed while a dispute is live, but nobody actually receives their inheritance until the underlying issue is resolved.
Where more than one application for a grant has been made in respect of the same estate, the Court determines the rival applications by way of a further court order. Similarly, if a caveat (see below) has been warned and an appearance lodged, and the parties will not consent to remove it, only a court order can set it aside.
The Citation Process: Forcing a Reluctant Executor to Act or Step Aside
A citation is a formal Probate Office procedure that a beneficiary or creditor can use to call on a reluctant executor, or the next of kin, to either apply for a grant of probate or show cause why the grant should not issue to the person bringing the citation instead.
The steps are as follows:
- Lodge the citation papers. The citing party submits a caveat, three copies of the citation, and a grounding affidavit exhibiting the death certificate and the will (where one exists). The combined fee is €130 (€30 for the citation and €100 for the caveat).
- Serve the citation. The original citation is shown to the cited party and a copy is given to them, or served by registered post if they have a solicitor on record.
- Wait for an appearance. The cited party has 14 working days from service to lodge a formal appearance in response.
- No appearance lodged. If nothing is filed within 14 working days, the citing party submits an Affidavit of Service and pays a €50 fee. The Probate Office then issues a Certificate of No Appearance, which removes the cited party's priority to act.
- Appearance lodged but no grant obtained. If the cited party responds but does not go on to apply for a grant, the citing party can apply for a 14 Day Ruling (grounding affidavit, €50 fee). This gives the cited party a further 14 working days to apply.
- Final step. If the cited party still does not apply, the citing party submits an affidavit of service and a Certificate of No Application is issued, permanently setting aside the cited party's priority.
Which Mechanism Applies? A Quick Comparison
| Mechanism | Who can use it | What it achieves | Rough process and cost |
|---|---|---|---|
| Renunciation (by court order) | An executor who has already extracted a grant or intermeddled in the estate | Releases the executor from office with the Court's authorisation, relying on s.26(2) | Notice of Motion, affidavits, exhibits, booklet of pleadings, €100 fee |
| Caveat | Anyone with a beneficial interest in the estate; a creditor only to ground a citation or other proceedings | Stops a grant of probate or administration issuing until the objection is resolved | Complete caveat form, €100 fee, lodged with the Probate Office or District Registry |
| Citation | A beneficiary or creditor with an interest in the estate | Compels a reluctant executor or next of kin to apply for a grant, or lose their priority to act | Caveat plus 3 citations plus grounding affidavit, €130 fee, 14 working days to respond |
| Court application to pass over or appoint an administrator | Any interested party where special circumstances exist | Bypasses the normal order of entitlement so the Court can appoint whoever it considers appropriate, including a limited administrator | Notice of Motion, affidavits, exhibits, booklet of pleadings, €100 fee, grounded in s.27(4) |
What Can an Executor Do if a Claim Against the Estate Is Disputed?
An executor's core duties include gathering in assets, paying debts, and distributing what remains, but this must happen within the priority rules that apply if the estate cannot meet everything owed. Where the estate is insolvent, or there is not enough to meet the bequests, payments are prioritised: funeral, testamentary and administration expenses first, then secured creditors, then preferential debts such as tax and social insurance, then all other creditors. Creditors can only bring a claim against the estate itself; relatives of the deceased are not personally liable for the deceased's debts unless they gave a personal guarantee.
Where the estate's distribution is delayed, executors also carry the general obligation to distribute assets as soon as possible after death and can face a claim from beneficiaries if this does not happen within a year. If a specific claim against the estate is contested and cannot be resolved informally, this is precisely the kind of dispute the Probate Office expects a solicitor to be involved in, given it falls outside routine administration.
What Happens When Beneficiaries Disagree With How the Estate Is Being Administered?
Any person may oppose a grant of probate or letters of administration, whether they are an executor, a co-executor, or a beneficiary. The mechanism for doing so is to lodge a caveat with the appropriate District Probate Registry or the Probate Office. Common grounds for a caveat include doubts about whether the will is valid, whether it was properly signed, whether the person making the will had capacity, or whether they were subject to undue influence. Our guide to contesting a will on grounds of undue influence looks at that specific ground in more detail.
Beneficiary disagreements that go beyond the grant itself, such as concerns about how an executor is managing or distributing the estate, still sit within the executor's general duties: to ensure the spouse or civil partner's legal right share is respected, and to distribute according to the will and the law. Where disputes among the next of kin about the estate arise, the Probate Office's own rules require a solicitor to be involved rather than allowing a personal application to proceed.
When and How Should You Get a Solicitor Involved in a Contested Probate Matter?
A solicitor's involvement is required, rather than optional, in several defined situations: where there are issues concerning the validity of the will, where there are disputes among the next of kin about the estate, where the original will is lost, or in certain other circumstances the Probate Office considers need legal assistance. A personal application to the Probate Office is not appropriate once any of these situations arises.
In practice, a solicitor can help identify which of the mechanisms above (renunciation, caveat, citation, or a court application) fits the specific standoff, prepare the affidavits and court papers required, and correspond with the Probate Office on your behalf. Blake & Kenny LLP has advised on succession and probate matters from its Galway office since 1892 and is regulated by the Law Society of Ireland. If you are dealing with a contested probate matter, our probate and wills team can advise on your specific situation, and you can contact us to arrange a consultation.
This article is general information about Irish succession law and probate procedure, not legal advice. Every estate and every family situation is different, and you should speak to one of our solicitors about your own circumstances before taking any step described here.
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Frequently asked questions
- What is a dispute between co-executors?
- A dispute between co-executors is a disagreement between two or more people named in a will to jointly administer an estate. Irish law allows a grant of probate to issue to one or more executors, and the High Court can limit that grant as it thinks fit, which is part of why disagreements do not automatically halt an estate's administration. Every situation is different, so speak to a solicitor about the specifics of your case.
- Can one co-executor act alone if the others disagree?
- The Succession Act 1965 allows the High Court to grant probate to one or more executors and to limit the grant as it thinks fit, which gives the Court flexibility to manage disputes between named executors. The precise practical limits on one executor acting alone in day-to-day matters depend on the terms of the specific grant and general succession law. Seek advice on your own estate before relying on this.
- How do I remove an executor who will not act?
- Where a named executor cannot or will not act, an administrator can be appointed instead, and where special circumstances make it necessary the Court can pass over the ordinary order of entitlement to appoint whoever it considers appropriate. This usually requires a formal court application with a €100 fee, grounded in section 27(4) of the Succession Act 1965. A solicitor can advise whether this route, or a citation, fits your circumstances.
- What is the citation process and when is it used?
- A citation is used by a beneficiary or creditor to call on a reluctant executor or next of kin to apply for a grant of probate, or show cause why they should not. It requires a caveat, three citations, and a grounding affidavit, with a combined fee of €130, and the cited party has 14 working days to respond. This is a formal Probate Office procedure; get legal advice before starting one.
- How do I dispute a claim made against the estate?
- Where an estate cannot meet everything owed, debts are paid in a fixed order: funeral and administration expenses, then secured creditors, then preferential debts such as tax, then all other creditors, and creditors can only claim against the estate itself, not against relatives personally (unless they guaranteed the debt). Disputed or contested claims of this kind generally call for a solicitor's involvement. This is general information only; the right approach depends on the specific claim.
- What can beneficiaries do if they disagree with how the estate is being administered?
- Any person, including a beneficiary, may oppose a grant of probate or letters of administration by lodging a caveat with the Probate Office or the relevant District Probate Registry. Executors must still ensure a spouse or civil partner's legal right share is respected and distribute in accordance with the will and the law. Because every estate differs, a solicitor should be consulted about the specific disagreement.
- Who is entitled to act as executor if the named person cannot or will not?
- If there is no will, or a will exists but no executor was named, an administrator is appointed instead, usually the next of kin or a solicitor. The same applies where the named executor cannot act, or will not carry out their duties. Speak to a solicitor to establish who is entitled to act in your particular case.
- Do I need a solicitor for a contested probate matter?
- Yes, in certain defined situations, including where there are issues over the will's validity or disputes among the next of kin about the estate, the Probate Office's own rules require a solicitor rather than a personal application. This reflects the complexity of contentious probate matters generally. Contact a solicitor early if any of these situations applies to you.
