Can an Executor Override a Will – What Happens if the Executor Tries

Can an Executor Override a Will

As a general rule, can an executor override a will? No. An executor is the person named in the will by the testator who is tasked to administer the testator’s estate upon death. The executor’s job is to carry out the wishes of the testator, and the wishes of the testator are embodied in his last will and testament.

Exceptions

Although the executor cannot override the will’s provisions, there are instances when the executor may deviate from the execution of the will’s provisions, such as:

  • when property was devised to a beneficiary in the will, but sold before testator’s death
  • when property was bequeathed or devised to beneficiaries, but the debts of the estate have to be paid first, which would reduce the amount the beneficiaries would receive
  • when the will is vague and ambiguous, which would require the executor to make decisions that appear to be against the will (but such decisions must still be made with good faith)
  • when the executor is confronted with a situation that is not contemplated in the will, the executor may decide on his own, but such decision must still be aligned with the best interests of the estate and its beneficiaries; or
  • when all the affected beneficiaries express their written consent to a change in the will’s provisions

Beneficiary’s remedies when an executor tries to override a will

When a beneficiary feels that the executor is acting contrary to the will’s provisions or has breached his fiduciary duties, the beneficiary can compel the executor to submit an accounting, and the beneficiary can file objections to the accounting. If proven that the executor has mismanaged the assets, the executor can be liable for damages.

When should the executor seek legal counsel

The executor’s first duty is to follow the law when executing the will’s provisions. If a beneficiary seeks to be paid first before taxes are paid, that is a violation of the law, and the executor, in good faith, can override the beneficiary’s wishes. If there is a gray area, for example, the executor would like to sell real property of the estate to his relative, the executor should seek legal counsel so that he or she would not be accused of self-dealing. If found to be self-dealing, the executor can be compelled by the court to pay back all the assets used in the self-dealing transaction.

If there is any doubt at all in the execution of the will’s provisions, or there is an issue involving where someone wants to know can an executor override a will, always consult a lawyer with expertise in that particular subject matter.

If you are in need of an estates lawyer, we, at the Law Offices of Albert Goodwin, are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].

Attorney Albert Goodwin

About the Author

Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].

Albert Goodwin gave interviews to and appeared on the following media outlets:

ProPublica Forbes ABC CNBC CBS NBC News Discovery Wall Street Journal NPR

Client Reviews

Verified feedback from our clients

Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.

Sarah M

Legal Services

Thanks to Mr. Albert Goodwin's hard work and smart thinking, I finally won my case, which has been a long time coming. He figured out solutions that no one else could see. I'm really impressed by his strong ethics - something that's rare these days. As my lawyer, he went above and beyond what I expected. I'm so grateful I found him and would definitely recommend him to anyone needing legal help.

Lawrence H

Legal Services

From our first meeting, I knew I was in great hands with Albert and his associate Katrina. They handled my case with incredible skill and efficiency, even though they took it over from another firm. What impressed me most was how quickly Albert responded to my questions with honest, clear answers - no sugarcoating, just straight talk. They managed a huge workload under tight deadlines, and their fees were very reasonable for such high-quality work. Beyond his legal expertise, Albert's wit and personality made a difficult process much easier to handle. I'm deeply grateful for their hard work and would absolutely choose them again. If you need legal help in New York, you won't find better representation than Albert's firm.

Adam F

Legal Services

VIEW MORE
New York State Bar Association Member Badge New York City Bar Association Member Badge American Bar Association Member Badge Avvo Rated Attorney Badge