What an Executor Cannot Do: A Complete, Section by Section Guide 

An executor plays a powerful and trusted role in administering a deceased person’s estate, but that power is not unlimited.  

Many disputes arise because beneficiaries assume an executor can do “whatever they think is best,” while executors themselves often misunderstand the legal boundaries of their authority.  

This guide provides a deep, practical, section by section breakdown of what an executor cannot do, what they can do, and how courts typically view executor conduct.  

Whether you are an executor, beneficiary, or family member, understanding these limits can help prevent costly mistakes, delays, and legal conflicts. 

What Are the Common Tasks of an Executor? 

An executor is legally responsible for carrying out the instructions set out in a valid will. Their role is fiduciary, meaning they must act honestly, prudently, and solely in the interests of the estate and its beneficiaries. 

Key responsibilities typically include identifying and securing estate assets, applying for probate, paying outstanding debts and taxes, managing estate property, keeping accurate records, and distributing assets according to the will.  

Executors are also expected to communicate reasonably with beneficiaries and comply with court deadlines. Importantly, every task must be performed within the boundaries of the law and the terms of the will. 

What an Executor Cannot Do? 

Executors often face restrictions that surprise them. These limitations exist to protect beneficiaries and ensure the deceased’s wishes are respected. 

An executor cannot ignore the will, even if they personally disagree with its contents. They cannot distribute assets differently, delay distributions without justification, or favour one beneficiary over another.  

Executors also cannot misuse estate assets for personal benefit, mix estate funds with personal money, or act beyond the authority granted by probate law or the will itself. 

They cannot hide information, refuse reasonable access to accounts, or fail to act in a timely manner. Inaction, negligence, or self dealing can all expose an executor to personal liability. 

What an Executor Can Do? 

Within their legal authority, executors have broad administrative powers. They can collect assets, close bank accounts, sell property.  

If necessary, invest estate funds prudently, hire professionals such as lawyers or accountants, and make interim decisions required to preserve estate value. 

Executors may also temporarily manage businesses owned by the deceased, settle claims, and distribute assets once legal requirements are satisfied. However, every action must be defensible as being in the estate’s best interests. 

Can One Executor Act Without the Other? 

When a will appoints multiple executors, they are generally expected to act jointly.  

One executor cannot usually make unilateral decisions unless the will explicitly allows it or the decision is minor and administrative in nature. 

If one executor acts independently without authority, their actions may be challenged and potentially reversed by the court. 

Can an Executor Act Alone? 

An executor can act alone only if they are the sole executor named in the will or if the will grants explicit authority for individual action.  

In joint appointments, acting alone without consent can constitute a breach of duty. 

Can an Executor Act Independently of Other Executors? 

Independent action is permitted only when the will authorizes it or when all coexecutors have delegated authority in writing.  

Without this, independent decision making may invalidate transactions and expose the executor to liability. 

Can an Executor Change a Will? 

An executor cannot change, rewrite, or override a will under any circumstances.  

Only a court can alter the effect of a will, typically through interpretation or legal challenges such as undue influence or lack of capacity. 

Even if circumstances seem unfair, the executor must follow the will exactly as written. 

Can an Executor Decide Who Gets What? 

No. Executors do not have discretion to decide beneficiaries or alter entitlements. Distribution must strictly follow the will or, if there is no will, the applicable intestacy laws. 

Can an Executor Witness a Will? 

In most jurisdictions, an executor can witness a will, but doing so may invalidate any gift left to them. Because of this risk, it is generally discouraged and often leads to disputes. 

Can the Executor Benefit From a Will? 

Yes, an executor may benefit if they are also named as a beneficiary. This is legal, but it places them under heightened scrutiny. They must be especially careful to avoid conflicts of interest. 

Can an Executor Be the Sole Beneficiary of a Will? 

Legally, yes provided the will is valid and free from coercion or undue influence. However, such situations are frequently challenged, and courts examine them closely. 

Can an Executor Remove a Beneficiary? 

No executor has the authority to remove, reduce, or replace a beneficiary named in the will. Only a court can alter beneficiary rights through legal proceedings. 

Can Executors Resolve Disputes Between Beneficiaries? 

Executors may attempt informal mediation and clarification, but they cannot impose binding resolutions. If disputes persist, court intervention is required. 

Can the Executor of a Will Be Changed? 

Yes. Courts may remove or replace an executor for misconduct, incapacity, conflict of interest, or failure to perform duties properly. 

Can an Executor Resign? 

Executors may resign before or after probate, but court approval is often required once probate has been granted. Proper handover of records and assets is mandatory. 

Can You Change an Executor After Death? 

While the deceased’s choice is respected, courts can appoint a replacement executor after death if valid legal grounds exist. 

Can an Executor Live in the Deceased’s House? 

An executor may live in estate property only if the will allows it or all beneficiaries consent. Otherwise, rent may be owed to the estate. 

Can an Executor Sell Property? 

Yes, executors may sell property to pay debts or distribute assets, provided the sale aligns with the will and estate needs. Selling below market value or for personal gain is prohibited. 

Can an Executor Be Liable for Anything? 

Executors can be personally liable for losses caused by negligence, fraud, delay, or breach of fiduciary duty. Liability may include financial penalties or removal by the court. 

FAQs  

Here are a few questions and queries on the topic of what an executor cannot do that others have asked, and you might think helpful at the same time.     

1. What are the limitations of an executor? 

An executor’s authority is not unlimited. Executors are legally bound by three primary constraints: 

1. The terms of the will 

2. Probate and succession laws 

3. Fiduciary duties owed to beneficiaries 

This means an executor must act strictly according to the deceased person’s wishes as written in the will.  

If the will is unclear or silent on a particular matter, the executor must follow applicable probate laws.  

Executors also have a fiduciary duty, meaning they must act honestly, impartially, and in the best interests of the estate and its beneficiaries. 

Executors cannot: 

• Change or rewrite the will 

• Favor one beneficiary over another without legal justification 

• Use estate assets for personal benefit 

• Make decisions outside their legal authority 

Any action beyond these limits can expose the executor to legal consequences. 

2. What action can be taken against an executor? 

If an executor fails to fulfill their responsibilities or acts improperly, beneficiaries and other interested parties have several legal options available. 

Possible actions include: 

• Applying to the court for removal of the executor 

• Seeking a court order requiring the executor to account for estate assets 

• Claiming financial compensation for losses caused by misconduct 

• Requesting the court to appoint a replacement executor or administrator 

Courts take executor misconduct seriously, particularly where there is evidence of dishonesty, delay, or misuse of estate funds. 

3. What not to do as an executor? 

Executors must avoid behaviors that violate their fiduciary duties or delay estate administration. Common actions executors should not take include: 

• Unreasonable delays in settling the estate 

• Self-dealing, such as purchasing estate property at undervalued prices 

• Ignoring or misleading beneficiaries 

• Acting without proper legal authority or probate approval 

• Failing to pay estate debts or taxes on time 

Executors should also avoid making informal arrangements or verbal promises that contradict the will or the law. 

4. What power does an executor have? 

An executor has the legal authority to manage the deceased person’s estate during the administration process. This includes: 

• Collecting and safeguarding estate assets 

• Paying outstanding debts, taxes, and expenses 

• Managing investments or property temporarily 

• Distributing assets to beneficiaries as directed by the will 

However, executors do not have unlimited control. They cannot override beneficiary rights, alter inheritance terms, or act arbitrarily. All decisions must align with the will and applicable law. 

5. Who can challenge an executor? 

Several parties may challenge an executor’s conduct if they believe the executor has acted improperly or failed to perform their duties. 

Those who may challenge an executor include: 

• Beneficiaries named in the will 

• Creditors of the estate 

• Co-executors 

• Other interested parties with a legal interest in the estate 

Challenges are typically brought through probate court and must be supported by evidence of wrongdoing or mismanagement. 

6. On what grounds can you remove an executor? 

Courts may remove an executor when there is sufficient cause to believe they are unfit to continue administering the estate. Common grounds for removal include: 

• Misconduct or dishonesty 

• Conflict of interest that affects impartiality 

• Mental or physical incapacity 

• Failure to act or unreasonable delay 

• Breach of fiduciary duty 

Removal is usually considered a last resort, but courts will intervene when estate assets or beneficiary rights are at risk. 

7. What mistakes does an executor make? 

Even well-intentioned executors can make mistakes, especially if they are unfamiliar with probate procedures. Common executor errors include: 

• Poor or incomplete recordkeeping 

• Missing deadlines for tax filings or court documents 

• Favoring certain beneficiaries 

• Misunderstanding the scope of their authority 

• Failing to communicate clearly with beneficiaries 

Many of these mistakes can be avoided by seeking legal or professional advice early in the process. 

8. Can an executor decide who gets what? 

No. An executor cannot decide how estate assets are distributed. Distribution is determined entirely by: 

• The terms of the will, or 

• Intestacy laws if no valid will exists 

The executor’s role is administrative, not discretionary. Their responsibility is to carry out the deceased person’s wishes exactly as written, not to interpret or alter them based on personal judgment. 

9. What disqualifies a person from being an executor? 

Certain circumstances can disqualify or prevent someone from serving as an executor. These may include: 

• Mental incapacity or inability to perform duties 

• Serious criminal convictions, particularly involving fraud or dishonesty 

• Proven conflict of interest 

• Court-determined unfitness due to misconduct or neglect 

In such cases, the court may appoint an alternative executor or administrator to protect the estate. 

10. Who is first in line for inheritance? 

Inheritance is governed primarily by the will. The will specifies who inherits and in what proportion.  

If there is no will, inheritance is determined by intestacy laws, which usually prioritize: 

• Spouse or civil partner 

• Children 

• Parents 

• Siblings and extended relatives 

Executors do not influence this order. Their role is to identify the rightful heirs and distribute assets accordingly. 

Workings of an Executor 

Being an executor is a position of trust, not a personal authority. Understanding what an executor cannot do is just as important as knowing what they can do.  

Executors who respect legal boundaries protect themselves from liability and ensure the deceased’s wishes are honored.  

Beneficiaries who understand these limits are better equipped to safeguard their rights and recognize misconduct early.