QUICK ENQUIRY

Executor rights: what an executor can and cannot do

An executor can administer a deceased person’s estate and distribute it to the beneficiaries, but an executor cannot change the will, choose who inherits, or profit at the estate’s expense. Executor rights are defined by the will and by the law, and they exist to serve the beneficiaries rather than the executor.

An executor is the personal representative appointed by a will to carry out the deceased’s wishes. This differs from an administrator, who is appointed where there is no valid will or a will which does not appoint an executor. Both roles carry the same core duty: to administer the estate honestly and in the best interests of everyone entitled to inherit.

At Awdry Law, our contested wills and estates solicitors advise executors and beneficiaries across England and Wales on the full scope of an executor’s powers and limits. We understand these questions often arise during grief and family tension, and we give clear, practical answers at every stage.

To speak with one of our contentious probate specialists in confidence, call our team on 01225 417111 or complete the enquiry form below.

Contact Us
Quick enquiry

What can an executor do?

An executor can take control of the deceased’s assets, settle the estate’s debts and taxes, and distribute the inheritance to the beneficiaries. These powers exist so the executor can administer the estate from death through to final distribution.

The tasks an executor is entitled to carry out include:

  • registering the death and locating the original will
  • taking responsibility for and insuring estate property
  • valuing the estate and reporting to HMRC
  • applying for the grant of probate
  • paying any inheritance tax due on the estate
  • settling the deceased’s outstanding debts
  • selling estate assets, including property, where necessary
  • distributing the estate to the beneficiaries named in the will

An executor exercises these powers as a facilitator of the will, never for personal benefit.

What can an executor not do?

An executor cannot go against the terms of the will, take estate assets for personal gain, or simply fail to act. The limits on an executor’s power all protect the beneficiaries and preserve the value of the estate.

An executor must not:

  • change, vary, or ignore the terms of the will
  • breach their fiduciary duty to the beneficiaries
  • self-deal or buy estate assets at an undervalue
  • delay the administration without good reason
  • favour one beneficiary over another
  • harm the estate through neglect or mismanagement

An executor who acts outside of these limits may be removed by the court and held personally liable for any losses. The duty is owed equally to all beneficiaries under the will.

Executor rights – Frequently asked questions

Can an executor act alone?

An executor can act alone where they are the only executor named in the will. A sole executor has full authority to apply for probate and administer the estate without a second person.

A complication arises where the will creates a trust. Some trusts require at least two trustees, so a second trustee may need to be appointed where only one executor exists.

Family members may be able to apply for letters of administration with the will annexed where a sole executor cannot or will not act. The contentious wills & probate team at Awdry Law can advise you on the right course where a will leaves only one executor in place.

Can one executor act without the other?

One executor usually cannot act without the other where two or more executors are named. Co-executors are expected to act together and to apply for the grant of probate jointly.

An executor who does not wish to act has two clear options. They can renounce the role entirely by signing a deed of renunciation, or the others can apply for probate with ‘power reserved‘, which keeps the door open for that executor to act later.

A co-executor who takes a backseat remains fully liable for the actions of the more active executor. Every executor must stay informed of what is being done in the estate’s name.

Can an executor change a will?

An executor cannot change a will, however fair the change might appear. The executor’s job is to give effect to the will as written, not to rewrite it.

The terms of a will can, however, be varied after death through a deed of variation. This needs the agreement of every beneficiary affected, and it must be completed within two years of the death to be read back into the will for inheritance tax purposes.

Can an executor decide who gets what?

An executor cannot decide who gets what. The distribution of the estate is fixed by the will, and the executor’s role is to follow those instructions rather than choose between beneficiaries.

The executor manages the assets, settles the debts, and keeps accurate records. They act as a facilitator of the deceased’s wishes.

Can an executor remove a beneficiary?

An executor cannot remove a beneficiary from a will. Removing a beneficiary would mean changing the will, and an executor has no power to do that.

An executor who fails to pay a beneficiary the inheritance set out in the will may be personally liable for that beneficiary’s loss. The right to inherit under a valid will cannot be overridden by the executor.

Can an executor withhold money from a beneficiary?

An executor cannot withhold money from a beneficiary without a lawful reason. The executor must distribute the estate in line with the will, and deliberately holding back an inheritance is a breach of duty.

Distribution can be delayed for legitimate reasons. The executor may need to wait for the grant of probate, settle the estate’s debts, pay inheritance tax, or allow the six-month window for claims under the Inheritance (Provision for Family and Dependants) Act 1975.

A lawful delay comes with an explanation and a realistic timeline. An executor who refuses to explain the hold-up, or gives no timeline at all, may be acting in breach of duty.

Awdry Law’s specialist wills and probate dispute team regularly acts for beneficiaries whose inheritance is being withheld without justification. Contact our team today on 01225 417111 for a no-obligation, initial consultation on releasing your entitlement.

Can an executor be a beneficiary of the will?

An executor can be a beneficiary of the same will. Appointing a beneficiary as executor is common, particularly where a spouse or civil partner is both the main beneficiary and the executor.

Can an executor witness a will?

An executor can witness a will, provided they are not a beneficiary. An executor who inherits nothing under the will is free to act as a witness to its signing. However, a person who witnessed the signing of the will cannot inherit under it, so an executor beneficiary who acted as a witness loses their gift.

Can one executor sell property without the other?

An executor can sell the estate property to pay debts, settle taxes, or release the beneficiaries’ inheritance but only if any and all co-executors agree.

When a will names multiple executors, they must always act together to manage and sell estate property.

The power to sell estate property is a core part of administering the estate. However, this power has limits.

Joint ownership passing automatically to a survivor, or a restriction written into the will, can narrow what the executor is able to sell.

An executor should not delay a sale simply because it is inconvenient. A property left unsold and unmanaged can lose value, and the executor may be liable to the beneficiaries for that loss.

Can an executor live in the deceased's house?

An executor cannot usually live in the deceased’s house unless they are a co-owner of that property or the will entitles them to do so.

The executor’s duty is to manage the estate, which often means selling the property, and personal convenience is no reason to delay a sale.

An executor who occupies the property without a right to do so may have to pay rent to the estate until the house is sold.

Can the executor of a will be changed?

An executor of a will can be changed by the person who made the will at any time during their lifetime. A codicil, which is a short written amendment, allows a different executor to be appointed without rewriting the whole will.

Changing an executor after death is harder. The named executors can renounce or have power reserved, but replacing an executor against their wishes requires a court application under section 50 of the Administration of Justice Act 1985.

Can an executor resign?

An executor can resign before taking up the role by renouncing it. Renunciation is only available where the executor has not yet started dealing with the estate.

Standing down after administration has begun is more complex. An executor who has already acted, known as having ‘intermeddled’, will need the court’s permission to step down, and a fresh grant of probate may be required.

Can an executor be held personally liable?

An executor can be held personally liable for financial losses caused by a breach of their duties. Personal liability means the executor must compensate the estate or the beneficiaries from their own funds, not from the estate.

Claims against an executor can be brought for up to 12 years from the date the entitlement arose. Claims based on fraud carry no time limit at all.

Liability applies whether the loss was caused deliberately, through negligence, or by an honest mistake. Every executor takes on this responsibility from the moment they accept the role.

How Awdry Law can help you resolve executor disputes

Understanding what an executor can and cannot do is often the first step towards resolving an executor or probate dispute. The sooner you take advice, the sooner the position becomes clear and your inheritance is protected.

At Awdry Law, our executor disputes solicitors have extensive experience advising executors and beneficiaries throughout England and Wales. We help executors carry out their duties correctly, and we help beneficiaries hold executors to account where something has gone wrong.

Our team resolves most disputes through negotiation or mediation. However, where negotiation fails, we can assist with applying to the court for directions or the removal of an executor.

To speak with one of our probate dispute specialists in confidence, contact us today by calling 01225 417111 or completing the quick and easy enquiry form below. Your initial consultation is free and comes with no obligation.

Quick enquiry.

This field is for validation purposes and should be left unchanged.
Name(Required)

News

Ignore Court Orders At Your Peril

A wealthy Omani man who failed to pay to his ex-wife the financial settlement ordered by the court, or to cooperate with disclosure orders, faces arrest if he attempts to return to the UK.
Discover More
Read more articles
Awdry Law - Legal Solicitors in Bath, Chippenham, Devizes, Marlborough, Royal Wootton Bassett and Swindon.
Powered by  GDPR Cookie Compliance
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.