When someone passes away, their estate comprising assets like property, money, and possessions must be distributed according to their wishes or the law.
The executor is in charge of managing this process.
But how much power does an executor really have? Can an executor decide who gets what in the estate?
This comprehensive guide will answer these questions and provide clarity on what an executor can and cannot do during the probate process in the UK.
What Is the Role of an Executor?
A person designated in a will to manage the estate of a deceased person is known as an executor.
They ensure that all debts, taxes, and liabilities are paid, and that remaining assets are distributed to the rightful beneficiaries.
To learn more about the core responsibilities of an executor, read the detailed guide:
What Does an Executor of a Will Do
Does an Executor Have the Power to Decide Who Gets What?
No, Executors Cannot Change the Beneficiaries
If there is a valid will, the executor is required to execute out its directives.
They cannot decide who gets what. For instance, if the will states that the deceased’s daughter receives a specific property, the executor cannot override that and give it to someone else.
This is a key limitation of the executor’s authority and addresses the common question:
“Can an executor change a will?”
No, they cannot. Changing a will would be illegal and could result in legal consequences.
When Might Distribution Not Be So Clear?
While executors generally cannot make distribution decisions, certain circumstances may require judgment:
1. Intestacy Situations
If the deceased didn’t leave a valid will, the estate is distributed according to the rules of intestacy, not at the executor’s discretion.
2. Unclear or Ambiguous Wills
Some wills contain vague language. In such cases, executors may need to interpret the wording, often with legal guidance.
However, they still cannot invent or alter the meaning.
3. Insufficient Assets
If the estate lacks enough assets to fulfill all bequests, the executor must follow a legal order of priority in distributions.
They do not get to choose which beneficiaries are paid first.
What an Executor Cannot Do
Understanding what an executor cannot do is crucial for ensuring a lawful and ethical estate administration.
Change the Will
As mentioned earlier, executors have no right to change the contents of the will under any circumstance.
Favour Themselves
Executors must act impartially.
They cannot prioritise their own interests or misappropriate assets.
Distribute Assets Prematurely
All debts and taxes must be settled before any distribution.
Executors must wait until the estate is ready before handing out inheritances.
Sell Assets Without Reason
Unless specified by the will or necessary for debts and taxes, executors shouldn’t sell assets.
For a deeper understanding, visit the detailed guide:
What Is an Executor of a Will
Can the Executor of a Will Take Everything?
This is a common concern among family members.
No, the Executor Cannot Take Everything
Executors are fiduciaries.
That means they are legally obligated to act in the best interest of the estate and its beneficiaries.
Taking everything would be considered fraud and could lead to legal action.
If you suspect misconduct, it is possible to:
- Request an inventory of the estate
- Apply to court to remove the executor
- Initiate a civil claim for damages
What Power Does an Executor of a Will Have?
While they can’t decide who gets what, executors still have considerable responsibilities and powers to:
- Access and manage bank accounts
- Pay debts and taxes
- Sell property if needed
- Handle legal claims on behalf of the estate
- Distribute assets as directed by the will
These powers are granted by the Grant of Probate, a legal document confirming their authority.
Need help applying for probate? Our team at Probate Central can guide you through the process.
Common Misconceptions About Executors
Let’s debunk a few myths:
Myth | Truth |
Executors can do whatever they want | Executors must follow the will and the law |
Executors get to keep the estate | Only if they’re named as a beneficiary |
Executors can ignore beneficiaries | They must keep beneficiaries reasonably informed |
Executors are not accountable | Executors can be held legally responsible |
What Happens If an Executor Abuses Their Power?
Executors who fail in their duties may face:
- Legal removal
- Fines or penalties
- Personal liability for losses
Beneficiaries can raise complaints with the Probate Registry or seek legal intervention.
When Does an Executor Need Professional Help?
The probate process can be complex, especially in these cases:
- The estate is large or taxable
- There are disputes among heirs
- There is property abroad
- The will is contested or missing
Getting professional help ensures a smooth process. At Probate Central, we specialise in probate services, ensuring legal compliance and peace of mind.
📞 Call us today to speak to one of our experts.
What If There’s No Will?
If there is no will, the person managing the estate is called an administrator, not an executor.
The estate is distributed based on UK intestacy laws, which prioritise spouses, children, and other close relatives.
In such situations, no one has the authority to decide who gets what—the law determines it.
FAQs About Executors and Distribution Rights
Q: Can an executor override a will?
A: No, an executor must follow the will exactly as written.
Q: What happens if a beneficiary disagrees with the executor?
A: They can seek mediation or apply to the probate court to resolve the issue.
Q: Can an executor also be a beneficiary?
A: Yes. It’s common for executors to also be beneficiaries. However, they must still act fairly.
Summary
So, can an executor decide who gets what in the estate?
The answer is a firm no.
Executors must follow the will or intestacy laws.
While they have a critical role in managing the estate, their power is limited by strict legal boundaries.
Understanding these responsibilities ensures the estate is handled ethically and lawfully and helps protect the interests of all beneficiaries involved.