Understanding what power an executor of a will has is one of the most common questions to arise after someone dies. The short answer is: considerable power, but firmly bounded by the law, the terms of the will, and a fiduciary duty to act in the interests of all beneficiaries. This article works through the key questions people ask, from distribution rights to removal, in plain terms.
Executor powers explained: what they can and cannot do
An executor is the person legally responsible for carrying out the instructions in a deceased person’s will and managing their estate, which includes money, property, and possessions.
Executors have no legal power until the testator has died and a grant of probate is obtained. Proof of the executor’s authority to deal with and administer the assets of the deceased is the grant of probate, which is a legal document issued by the Court at a Probate Registry.
That power is not absolute. It is bounded by the terms of the will, the requirements of probate law, and the executor’s overarching fiduciary duty to act in the interests of the estate and its beneficiaries rather than their own.
The core statutory duties of an executor are set out in Section 25 of the Administration of Estates Act 1925, which requires them to collect the estate, administer it according to law, and account to the court when required. For a full breakdown of what those responsibilities involve in practice, see the Duties of an Executor of a Will.
Can an executor decide who gets what?
No. An executor cannot decide who inherits from a will. Their job is to follow the deceased’s wishes and distribute the estate to the beneficiaries according to the terms of the will. Executors manage the assets, pay debts, and keep records, but ultimately act as a facilitator to ensure the will is carried out.
Executors are responsible for identifying and settling outstanding debts owed by the deceased. These debts must generally be paid before the estate can be distributed to beneficiaries. Only once debts, taxes, and expenses are settled can distribution begin, and when it does, it follows the will precisely.
Executors are personally liable, so it is very important to protect their position. They should also consider not distributing the estate until at least six months from the date of the grant of probate, to ensure there are no claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Can an executor change a will after death?
Executors cannot change a will after the person’s death. The role of the executor is to carry out the wishes of the deceased as outlined in the will, not to alter them. The executor has a legal duty to administer the estate strictly according to its terms.
There is one mechanism that can result in a different distribution: a Deed of Variation. It is possible for a Deed of Variation to be entered into to vary the terms of the will, but this can only happen if all the affected beneficiaries agree. The deed must be executed within two years of the testator’s death, must be signed by all beneficiaries affected by the variation, and can change inheritance tax implications, making it a useful tool for optimising tax liabilities.
Where a will contains a clerical error, a separate remedy exists. The relevant law is set out in Section 20 of the Administration of Justice Act 1982. Under this provision, the court has the power to amend a will if it can be shown that it fails to carry out the testator’s intentions due to an error. An application for rectification is made to the court, usually by an executor or beneficiary affected by the error.
In both cases, the change does not arise from the executor’s own authority. It requires either unanimous beneficiary consent or a court order.
Can an executor of a will remove a beneficiary?
No, an executor cannot remove a beneficiary from a will. Their primary duty is to carry out the wishes of the deceased as outlined in the will. Removing a beneficiary would be a change to the will, and executors do not have that authority. If an executor fails to pay a beneficiary their inheritance as stated in the will, they are personally liable for the beneficiary’s loss.
Can an executor be removed?
Yes. Where an executor is acting improperly, is incapacitated, refuses to act, or is in serious conflict of interest, it may be possible to have them removed. The process in England and Wales typically involves an application to the Senior Courts (Chancery Division) under Section 50 of the Administration of Justice Act 1985, which gives the court discretion to substitute a personal representative where it is necessary or expedient to do so.
The court does not remove an executor lightly. The threshold is not simply that the beneficiaries are unhappy with the executor’s decisions; it is that the executor’s conduct is adversely affecting proper administration of the estate.
Case law has shaped how courts apply this power. In Lane v Lane [2023] EWHC 2580 (Ch), the court confirmed that “the touchstone under Section 50 of the Administration of Justice Act is what is in the interests of the beneficiaries of the estate as a whole.” More recently, in Fernandez v Fernandez [2025] EWHC 2373 (Ch), the High Court removed an executor where hostility and lack of communication between siblings made administration “unworkable.” Crucially, the court did not require proof of dishonesty.
Grounds that courts have accepted include fraud or misconduct, misappropriation of assets, incapacity, serious conflict of interest, excessive delay, and a breakdown in relationships that renders administration impossible. The court will not generally remove an executor simply because there is some friction or hostility between executors and beneficiaries.
An executor can also step down voluntarily. This is known as renunciation. However, renunciation is only possible if the executor has not yet started actively dealing with the estate, meaning they have not taken any steps such as selling assets or paying debts. A solicitor can complete a Deed of Renunciation (including by filling out a PA15 Form). This document cancels their role as executor and enables another executor or relevant person to carry out their responsibilities instead.
How to remove an executor from a will
Removing an executor is a legal process that requires a court application in most cases. The formal route is an application to the Chancery Division of the High Court under Section 50 of the Administration of Justice Act 1985. Where probate has not yet been granted, an alternative application may be made under Section 116 of the Senior Courts Act 1981, which allows the court to pass over an executor in special circumstances.
The process involves gathering evidence, corresponding formally with the executor, and in many cases attempting mediation before proceedings begin. Given the legal complexity, anyone considering this route should instruct a solicitor at the earliest opportunity. A solicitor can assess whether the grounds are sufficient, advise on the most appropriate route, and manage the court process on your behalf.
You can request quotes from solicitors experienced in executor disputes through The Probate Network.
How much does it cost to remove an executor?
Cost varies considerably depending on the route taken. There is no fixed fee for removing an executor through the courts. Costs will depend on whether the matter is contested, the complexity of the estate, and the solicitor instructed. In straightforward cases where the executor consents to being replaced, costs may be relatively modest. In contested applications, solicitors costs for probate of several thousand pounds are not unusual, and there is no guarantee that those costs will be met by the estate rather than by the applicant personally. In these situations, instructing contentious probate solicitors early can reduce overall costs. Executors can also get a probate quote to compare specialist support.
In more serious contested cases, costs can run from £5,000 to £20,000, and potentially more for a very complex case. There will be court fees, solicitors’ fees and, in the majority of cases, barristers’ fees. It is always important to ensure that the costs incurred do not consume the estate you are trying to protect.
How long does it take to remove an executor?
There is no single answer. If the removal is straightforward and uncontested, the process may take as little as three to six months, particularly if it resolves through negotiation or sealed consent between parties. Cases involving serious disputes or complex estate administration can take 12 to 18 months or longer, depending on the level of opposition and the court’s schedule.
It can take around 12 months for a claim to reach court for a final hearing, where that applies. Court schedules and backlogs can extend the timeframe considerably.
A note on executors who are unsure of their role
Executors who are uncertain about their duties, or who find themselves in dispute with beneficiaries, should seek professional advice early. Executors must act in the best interests of the estate and its beneficiaries at all times. If an executor makes a mistake that causes a loss to the estate, they will be personally liable. Acting outside an executor’s legal authority or breaching fiduciary duties may result in civil claims against them for losses suffered by beneficiaries.
The GOV.UK guidance on applying for probate sets out the formal requirements for the grant of probate, and the HMRC Inheritance Tax guidance explains what needs to be reported and paid before a grant is issued.
Need help?
If you believe an executor is exceeding their power, book a call to discuss your situation with a solicitor through The Probate Network. If you are an executor who is unsure of your role and think support could be beneficial, request a probate quote to understand the costs involved.
This article is for general guidance only and does not constitute legal, tax or financial advice. Rules and thresholds can change and every estate is different. For advice on your own circumstances, speak to a qualified professional. You can book a free legal consultation through The Probate Network.
