Limitations Of An Executor

Often our clients ask us to what extent an executor can go for the proper execution of the administration of the testator’s estate. Are there any restrictions on the executor’s role?

To begin with, let’s briefly understand who an executor is? 

An Executor is a person who will administer your property according to the wishes you have made in your Will. He is responsible for executing your Will after your death, you are trusting them to follow your detailed instructions about what will happen with the property you own.

But yes, there are certain limitations to the executor’s role. 

1. Your executor can’t use your assets for his/her personal benefit. Eg. If your executor needs to help your beneficiaries claim your bank amount, he/she can’t keep it with him or he can’t use that money for his/her own benefit. 
2. The executor can not deal with the immovable property of the testator for sale/ rent just because he has been given the power of proper execution of Will and administration of the testator’s assets. It’s not legal.
3. If the executor is unable to execute the Will properly i.e. he/she is not abiding by the detailed instructions as per the Will, the beneficiary can get the court’s help to change the executor or appoint an administrator.

Appointing an executor is an essential step of your Will writing process. You should appoint a person as the executor of your Will to whom you trust the most and you are very sure that he/she will not create any trouble for your beneficiaries and won’t do anything for his/her personal benefits.

Read our blog on how to appoint an executor to know more. AasaanWill. Zaroori Hai!