Q&As

Where an executor of an estate is not in agreement with a co-executor鈥檚 decision but reluctantly agrees to proceed with it, will the reluctant executor still be jointly and severally liable for the decision? Is there anything they can do to protect their interests?

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Produced in partnership with Lynne Counsell of Addington Chambers
Published on: 15 July 2020
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joint and several liability of executors

A testator may appoint a sole executor or alternatively two or more executors to act jointly. probate will not be granted to more than four executors in respect of the same part of the deceased鈥檚 estate . As the question states, the authority of co-executors is joint and several, as is their liability. They are effectively treated as one person so the acts of one bind the others. For example, the release of a debt or the transfer of goods by one of several executors is valid and will bind the other executors.

This is the position even if one or more of the executors

Lynne Counsell
Lynne Counsell

Barrister, Addington Chambers

Lynne has been in traditional Chancery practice for some thirty years, specialising in probate matters, construction of wills and trusts and also financial services and drafting.

Lynne was for some years counsel for Tower Hamlets, representing them on landlord and tenant cases and counsel for Bedford Building Society representing it on mortgage cases.

Lynne has written or updated over fifty books, including writing the initial volume of Atkin鈥檚 Court Forms 鈥淔inancial Services鈥 and updating Halsbury鈥檚 Laws on Injunctions. Lynne was also co-author of two editions of 鈥淚nsider Trading鈥 and co-editor and one of the writers of 鈥淐hancery Practice and Procedure.鈥

Articles include 鈥淢arketing of Investments鈥 for the Law Society Gazette and 鈥淭he Doctrine of Mutual Wills鈥 for the Trust Quarterly Review. Lynne won one of the few cases on mutual wills in the last fifty years 鈥 Charles v Fraser (2010).

Lynne has drafted the standard unit trust for the government of Nigeria, the rules and related documentation for various building societies and clubs, shareholder agreements, company takeovers compliance documentation for certain banks as well as wills and trusts.

Lynne was awarded the 2017 Corporate international Magazine Global Award 鈥 鈥淚nvestment Contracts Barrister of the Year in England鈥.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Joint and several liability definition
What does Joint and several liability mean?

Joint and several liability arises where two or more persons under the same contract make a promise to the same person, and at the same time each of them individually makes the same promise to that same person.

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