Is It Possible for an Executor to Override the Beneficiaries Named in a Will?

About Executors and Their Role

The term executor or personal representative refers to the individual appointed to manage the estate of a deceased person according to the instructions provided in the will. Executors play a critical role in the estate administration process. However, the primary responsibility of an executor is to carry out the deceased's wishes as stated in the will, not to make changes as they may see necessary.

Legal Constraints on an Executorrsquo;s Actions

Legally, an executor does not have the authority to alter the beneficiaries mentioned in the will. The creator of the will (the testator) must be the one to make any changes. This is done through a codicil, which is a formal amendment to the will.

The following legal statement from the New York Estates, Powers, and Trusts Law (EPTL) § 1-2.1 clearly outlines the executor's role:

§ 1-2.1 Codicil
A codicil is a supplement to a will, either adding to, taking from, or altering its provisions or confirming it in whole or in part by republication, but not totally revoking such will.

Therefore, any executor who attempts to change the terms of the will, without the permission of the testator or a valid codicil, might open themselves to legal action by the beneficiaries or heirs who believe their rights have been violated.

Executor's Powers and Responsibility

While an executor must strictly adhere to the testator's wishes, in some cases, the will may grant the executor more extensive powers. For instance, the will might give the executor the authority to manage or distribute the estate's assets to meet specific needs of family members. These provisions could be:

To cover special needs of family members, including financial or medical assistance. To address legal or financial responsibilities of family members, such as avoiding potential liability or tax issues. To allocate funds for rehabilitation or recovery from drug addictions or other issues. To manage estate assets in a way that avoids complications with family disputes or legal conflicts. To make decisions that may involve distributing assets to individuals not specifically named as beneficiaries, such as a needy family member or a charitable cause.

In such cases, the executor must act with good faith and in the best interests of the estate and its beneficiaries. The executor's duty is to carry out the testator's wishes while ensuring fair and just management of the estate.

Conclusion

Executors play a crucial role in the administration of a deceased person's estate. They are responsible for disbursing assets as per the will, but they do not have the power to override the beneficiaries named in the will unless they have explicit authorization through a codicil. Misusing or attempting to alter a will without proper legal authority can result in serious legal consequences and disputes among beneficiaries.