Executor vs Administrator UK: Vesting, Acting Before Grant and De Son Tort
Updated 31 May 2026 · 9 min read · Estate Administration
Both executors and administrators are personal representatives of a deceased person’s estate — but they differ fundamentally in how and when they acquire their authority. Understanding these differences matters in practice: it affects when they can act, their liability for dealing with assets, the effect of a broken chain of representation, and their options if they do not want to take on the role.
How Each Is Appointed
Executor: Appointed by the Will
An executor is named in the deceased’s will. Appointment is by the testator’s own act — there is no court involvement and no prior formal process. The appointment takes effect automatically at death. The executor may then apply for a grant of probate from the Probate Registry to prove their authority to the world, but the grant is evidence of pre-existing title, not the source of it.
Administrator: Appointed by the Court
An administrator is appointed by the Probate Registry issuing a grant of letters of administration. This happens where the deceased died without a will, or where all named executors are unable or unwilling to act. The grant both confirms and creates the administrator’s authority — there is no prior vesting. The right to apply for letters of administration follows the order set out in rule 22 of the Non-Contentious Probate Rules 1987: spouse or civil partner, children, parents, and so on.
The Critical Difference: When Title Vests
| Aspect | Executor | Administrator |
|---|---|---|
| Source of authority | The will | The grant of letters of administration |
| When title vests (AEA 1925 s.1) | At the moment of death | When the grant is issued |
| Can act before grant? | Yes (protective steps; litigation) | No |
| Grant is evidence or source of title? | Evidence only | Both evidence and source |
| Chain of representation | Yes — passes to executor’s executor | No — breaks the chain |
| Can renounce (before intermeddling)? | Yes | Not applicable (no pre-grant title) |
| Power reserved available? | Yes — can stand aside and apply later | No equivalent |
De Son Tort: The Liability for Intermeddling
An executor de son tort (a “wrongful executor”) is a person who deals with the deceased’s estate without authority. The acts that constitute intermeddling are those which are acts of administration: collecting debts, selling assets, paying creditors, distributing property to beneficiaries. Minor acts — taking an item for safekeeping, arranging a funeral — do not generally create de son tort liability.
The consequences of becoming an executor de son tort are serious:
- The person is personally liable to creditors of the estate for any improper payment — if they paid a lower-ranking debt before a higher-ranking one, the unpaid higher-ranking creditor can sue them personally.
- They cannot renounce: having intermeddled, they cannot avoid the role.
- A de son tort administrator is treated as if properly appointed for the purposes of creditor claims.
De son tort liability is particularly relevant where an administrator acts before the grant is issued — in the gap between death and the grant, only an executor (with vested title) can validly act. Anyone else who takes steps to administer the estate risks de son tort liability.
Chain of Representation
Section 7 of the Administration of Estates Act 1925 establishes the chain of representation: if a sole or last surviving executor of a will dies having obtained probate, their executor automatically becomes the executor of the original testator’s estate.
Example:
- A (testator) appoints B as executor. B obtains probate of A’s will.
- B later dies, having appointed C as their executor.
- C automatically becomes executor of both B’s estate and A’s estate.
The chain is broken if any link in the chain dies intestate — C would need to obtain separate letters of administration for A’s estate. There is no equivalent chain-of-representation rule for administrators — an administrator’s role does not transmit automatically to their executor or administrator. This reinforces the practical importance of appointing named executors in a will and updating those appointments when circumstances change.
Renunciation and Power Reserved
An executor who has not yet intermeddled may renounce their right to obtain probate. Renunciation must be in writing (rule 36, Non-Contentious Probate Rules 1987) and is effective from the date it is filed at the Probate Registry. A renouncing executor loses all right to act in the estate — it is a permanent step. Once an executor has intermeddled (taken any step in administration), renunciation is no longer possible.
Power reserved is the alternative for an executor who is not ready to apply for probate immediately but does not wish to renounce permanently. When one or more co-executors prove the will, the remaining executor(s) can stand aside with power reserved to them — preserving their right to apply to be joined as an executor later, with leave of the court. Power reserved is recorded in the probate application and is noted on the grant. It is the appropriate mechanism when an executor is temporarily unable to act but may wish to in the future.
Letters of Administration with Will Annexed
Where there is a valid will but no executor able and willing to act, the Probate Registry issues letters of administration with will annexed (cum testamento annexo, CTA). The CTA administrator carries out the will’s provisions but holds their authority from the grant — their title vests on the grant, not at death. The chain of representation does not pass through a CTA administrator to their executor — it is broken at that point, requiring a fresh grant for the original testator’s estate if the CTA administrator dies before completing the administration.
Why Appointing a Willing Executor Matters
The legal gap between an executor (who can act immediately) and an administrator (who cannot act until the grant) is one of the most concrete practical differences between dying with and without a valid will. An intestacy — or a will with no willing executors — leaves estate assets in a legal vacuum from death until the grant issues. Property may be at risk, business assets can deteriorate, and urgent matters cannot be addressed. Naming willing, capable executors in your will and keeping those nominations current is one of the most valuable protections a will provides.
FAQs
What is the key legal difference between an executor and an administrator?
The most important legal difference is when their authority to act arises. An executor is appointed by the will: their title to the deceased's estate vests automatically at the moment of death, by operation of section 1(1) of the Administration of Estates Act 1925. An executor can therefore act immediately on death to protect assets — they already have legal title, even though they will need to prove it to third parties (banks, Land Registry) by obtaining a grant of probate. An administrator, by contrast, obtains authority only from the moment the grant of letters of administration is issued by the Probate Registry. Before the grant, the administrator has no title and no authority to deal with the estate. This is not merely procedural — it is a substantive difference in the legal mechanism by which each personal representative acquires their role.
What is an executor de son tort?
An executor de son tort (a 'wrongful executor', from the French) is a person who intermeddles in the administration of a deceased person's estate without authority — without being named as executor in the will, without obtaining letters of administration, and without any other legal entitlement to act. A person becomes an executor de son tort by taking acts that are characteristic of administration: collecting in estate debts, selling estate assets, paying creditors, or distributing assets to beneficiaries. The legal consequences are serious: an executor de son tort is personally liable to creditors of the estate for any debts they wrongfully paid or assets they distributed without first satisfying the estate's liabilities. The priority rules for payment of estate debts apply as if they were a properly appointed personal representative — so if they pay a debt that should have ranked lower and fail to pay a higher-ranking creditor, they can be personally liable to the unpaid creditor. De son tort liability is designed to deter intermeddling and protect the integrity of the administration process.
Can an executor act before probate is granted?
Yes, to a limited extent. Because the executor's title vests at death, an executor may take protective steps before probate issues — securing and insuring assets, arranging the funeral (as a practical matter, though this is technically not an estate asset), taking possession of documents. An executor can also commence court proceedings in their own name before probate, though a defendant may put the executor to proof of their title and the proceedings may be stayed until the grant issues. In practice, most substantive actions — releasing bank accounts, transferring land, selling shares — require the grant because third parties need formal court-validated proof before honouring the executor's authority. The executor's position is that the grant is evidence of title, not the source of it: they already have title, but the grant makes that title visible to the world.
What is the chain of executorship?
The chain of representation is a rule under section 7 of the Administration of Estates Act 1925 by which the executor of a sole or last surviving executor of a will becomes the executor of the original testator. If A appoints B as executor, and B dies after obtaining probate of A's will but before completing the administration, and B's executor is C, then C automatically becomes the executor of A's estate as well as B's. This chain continues indefinitely: C's executor would become executor of both A and B, and so on. The chain can only be broken by an intestacy at any point in the chain — if any link in the chain dies intestate, the chain is severed and the estate of the link's predecessor requires a new grant of letters of administration (with will annexed). This is one of the reasons it is important to appoint more than one executor and to update your will if an executor predeceases you — a broken chain of representation causes delay and administration costs.
What is the difference between renunciation and power reserved for an executor?
Renunciation is the formal act by which an executor who has not yet intermeddled in the estate gives up their right to obtain probate. Under rule 36 of the Non-Contentious Probate Rules 1987, a renunciation must be in writing. Once an executor has intermeddled — taken any act of administration — they can no longer renounce: they have accepted office and must obtain probate. Power reserved is the procedure by which a named executor who is not ready or willing to apply for probate immediately stands aside to allow the other executor(s) to proceed — without losing the right to apply later. Where power is reserved, the executor who is standing aside is said to have 'power reserved' to them, and they can apply to court for leave to act later if the proving executor(s) are removed or die. The distinction matters: renunciation is permanent; power reserved preserves the executor's right to apply later.
What is letters of administration with will annexed?
Letters of administration with will annexed (or cum testamento annexo, 'CTA') is the grant issued where the deceased left a valid will but there is no executor able and willing to act. This arises most commonly where: all named executors have died; all named executors have renounced; no executor is named at all (the will appoints trustees who are not named as executors). In these cases, the Probate Registry will grant letters of administration with will annexed to a person entitled under the Non-Contentious Probate Rules 1987 — typically a residuary beneficiary. The CTA administrator administers the estate in accordance with the will, but they obtain their authority from the grant (like a simple administrator) rather than from the will — their title vests only from the grant, not from the date of death. The will's provisions take effect (as against a simple intestate administration), but the automatic-vesting-at-death rule that benefits executors does not apply.
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