Joint Executors

[Con929]

Please explain - severely: the act of one Executor binds another? without discussion or consent? is that correct? Only 2 Executors - so without discussion does the act of one bind the other?

[atticus]

Gently: yes in some cases, but not all.

What is the nature of the problem?

[dslippy]

A fundamental distinction is between powers and duties. Not quite straightforwardly, but if what is done is the exercise of a power it needs the consent of all, but if it is the exercise of a duty then if one wants to do it all must agree (they have no choice).
Not a direct answere but part of it.

[atticus]

A penny has just dropped. Are you asking about the meaning and effect of the word "severally"?

[dslippy]

I didn't catch it either

[Con929]

A fundamental distinction is between powers and duties. Not quite straightforwardly, but if what is done is the exercise of a power it needs the consent of all, but if it is the exercise of a duty then if one wants to do it all must agree (they have no choice).
Not a direct answere but part of it.

so its a duty to pay Council Tax but the Joint Executor will not approve payment. Bank requires consent from both Executors.....way forward?

[Con929]

Gently: yes in some cases, but not all.

What is the nature of the problem?

Council Tax payment

[atticus]

Executors have a legal duty to pay debts of the deceased (if the estate has the means to do so). They should not play silly buggers with their duties.

[dslippy]

Does he deny liability for the Council Tax? Are the estate cash funds insufficient? What is the problem?

The bank can only act under the authority arrangement applicable on the account - any cheque must be signed by both of you.

If there is a property subject to council tax, presumably the estate is solvent.
In pronciple you go to court for an order that he sign the chque, and for him to pay the entire disproportionate costs.