Executor Powers UK: What an Executor Can and Cannot Do
Updated 15 May 2026 · 7 min read · England & Wales
An executor in England and Wales has broad powers to collect, manage, and distribute the estate — but those powers have defined limits. Understanding the boundary between what an executor can do unilaterally and what requires consent, court approval, or express will authority is essential for both executors and beneficiaries.
Where Executor Powers Come From
An executor's authority derives from three sources:
- The will itself — express powers granted by the testator (e.g. a clause allowing the executor to carry on the deceased's business, or to postpone sale of investments)
- Statute — principally the Administration of Estates Act 1925, Trustee Act 1925, and Trustee Act 2000, which confer default powers on all executors
- The court — additional or overriding powers granted on an application (for example, a Beddoe Order authorising litigation, or a Benjamin Order allowing distribution despite a missing beneficiary)
What an Executor Can Do Without Consent
| Action | Authority |
|---|---|
| Collect in estate assets (bank accounts, investments, debts) | AEA 1925 s.1; general law |
| Sell estate property at open market value | AEA 1925 s.39 — power of sale over all assets |
| Pay estate debts, funeral expenses, and testamentary costs | AEA 1925 s.34 — duty and power |
| Invest estate funds awaiting distribution (Trustee Act 2000 general power) | TA 2000 s.3 |
| Insure estate assets against damage or loss | TA 2000 s.34 |
| Appoint agents (solicitors, estate agents, accountants) to carry out tasks | TA 2000 ss.11–23 |
| Assent estate property to beneficiaries | AEA 1925 s.36 |
| Appropriate specific assets to a beneficiary in satisfaction of their legacy | AEA 1925 s.41 — with beneficiary's consent for appropriation |
| Apply for probate / letters of administration | Non-Contentious Probate Rules 1987 |
| Advertise for unknown creditors (s.27 Trustee Act notice) | TA 1925 s.27 |
What an Executor Generally Cannot Do Without Consent or Court Order
- Make speculative or improper investments — the Trustee Act 2000 standard investment criteria (suitability and diversification) apply; investments that destroy estate value can give rise to personal liability
- Distribute assets to beneficiaries before paying creditors — doing so makes the executor personally liable for the debts (devastavit)
- Carry on the deceased's business indefinitely — a default power to carry on the business exists for only one year unless the will expressly extends it
- Charge remuneration without will authority or beneficiary consent — a lay executor has no right to payment (Cradock v Piper principle; TA 2000 s.28–29 for professionals)
- Purchase estate assets for themselves — the self-dealing rule prohibits executors from buying estate property without full disclosure and beneficiary consent; a transaction can be set aside if challenged
- Settle or compromise large claims without beneficiary consent or court approval
- Delay distribution indefinitely beyond the executor's year — beneficiaries can apply for an order after the first twelve months
The Power of Sale: Key Details
The executor's power of sale under s.39 AEA 1925 is one of the broadest tools available. It allows the executor to sell all or any part of the estate — including the family home — without beneficiary consent, provided the sale is for the purpose of administering the estate (paying debts, discharging costs, or making distribution).
Limits on the power of sale:
- The executor must obtain the best price reasonably obtainable (duty of care)
- A specifically bequeathed asset should not be sold unless necessary to pay debts
- The executor cannot sell to themselves without court approval
- If all beneficiaries are adults and consent, they can direct the executor to retain an asset rather than sell it
Executor's Investment Powers
Under the Trustee Act 2000, executors acting as trustees have a “general power of investment” — they can invest in any asset as if they were the absolute beneficial owner. This replaces the old “narrower range” investment rules. However, they must:
- Have regard to the standard investment criteria — suitability and diversification
- Obtain and consider proper investment advice unless it is unreasonable to do so
- Review investments from time to time
In practice, most executors hold estate funds in a solicitor's client account or an estate bank account during the administration period, rather than actively investing them.
Executor's Duty to Account
Beneficiaries are entitled to receive a full estate account showing all assets collected, debts paid, expenses incurred, and the calculation of each beneficiary's share. An executor who refuses to account can be compelled by a court order to pass accounts. This is distinct from the executor's duties to file accounts with HMRC for tax purposes.
Once accounts are agreed and signed by all residuary beneficiaries, they provide a complete discharge to the executor.
When Beneficiaries Can Challenge an Executor
Beneficiaries may apply to the court if an executor:
- Fails to administer the estate within a reasonable time
- Makes an improper investment that diminishes the estate
- Sells an asset at a significant undervalue
- Has a conflict of interest that compromises their duty to beneficiaries
- Refuses to provide proper accounts
- Distributes assets improperly (paying wrong beneficiary, incorrect proportions)
The court can remove an executor under s.50 Administration of Justice Act 1985 and appoint a substitute — or take administration into its own hands. This is a last resort; courts prefer to resolve disputes without changing the administrator.
Frequently Asked Questions
Can an executor sell the deceased's house without the beneficiaries' agreement?
Yes, in most cases. The executor has a statutory power of sale over all estate assets (Administration of Estates Act 1925, s.39) and does not need beneficiary consent to sell property. However, if the will specifically gives a beneficiary the right to purchase at a discounted price, or if the property is specifically bequeathed to a beneficiary, the executor must respect those terms. An executor who sells in bad faith or at an undervalue may face a claim for breach of duty.
Can an executor refuse to distribute the estate until debts are settled?
Yes — and they should. An executor has a duty to pay the deceased's debts, funeral expenses, and testamentary costs before distributing to beneficiaries. Distributing to beneficiaries before settling creditors makes the executor personally liable for those debts (devastavit). The executor's year (the first twelve months after death) is the conventional period within which distribution should be completed, but the priority of creditors before beneficiaries is absolute.
Can beneficiaries overrule an executor's decision?
Generally no — the executor has authority to administer the estate as they see fit within legal limits. However, beneficiaries can apply to the court for an order removing the executor (under s.50 Administration of Justice Act 1985) if there is evidence of misconduct, breach of duty, or conflict of interest. Beneficiaries can also apply for an administration order or the passing of accounts.
Can an executor invest estate assets?
Yes. Under the Trustee Act 2000, executors acting as trustees have a general power of investment to invest in any kind of investment as if they were the absolute beneficial owner. This power is subject to the standard investment criteria: they must have regard to the suitability of investments and the need for diversification. For short estate administration periods, executors typically keep funds in cash or near-cash to avoid investment risk.
Can an executor charge for their time?
A lay (non-professional) executor has no automatic right to remuneration — they act in a personal capacity and are expected to do so for free (apart from out-of-pocket expenses). Professional executors (solicitors, accountants, trust companies) can charge if the will expressly authorises it, or under a separate agreement with beneficiaries. The Trustee Act 2000 s.29 allows a trust corporation or professional executor to charge at a reasonable rate even without express authorisation, but only if all beneficiaries consent.
What happens if an executor and beneficiary are in dispute?
Either party can apply to the court. The beneficiary can seek an order for the executor to account, an order for administration by the court, or removal of the executor under s.50 Administration of Justice Act 1985. The executor can seek a Benjamin Order (to distribute despite a missing beneficiary), directions from the court on a point of construction, or indemnity if uncertain how to proceed. Mediation is strongly encouraged before litigation — probate disputes are expensive.
Choose Your Executor Carefully
The executor's powers are extensive — which is why choosing a trustworthy, capable person matters. Our DIY will kit includes an Executor Guide that walks your chosen executor through every stage of administration, reducing the risk of mistakes.
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This article is for general information only and does not constitute legal advice. Executor disputes and complex estates should always be referred to a qualified probate solicitor.