Can an Executor Override a Beneficiary? | Keystone Law Group (2024)

FAQs

Can an Executor Override a Beneficiary? | Keystone Law Group? ›

For example, an executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duties.

No, an executor cannot override or modify the terms of a will, with few exceptions. In fact, as a fiduciary to the estate beneficiaries, executors are legally required to abide by the will throughout the probate process, including the distribution of assets to the named beneficiaries of the will.

The Will will also name beneficiaries who are to receive assets. An executor can override the wishes of these beneficiaries due to their legal duty.

The only exception is if you've granted someone power of attorney, a legal document that lets someone make financial, legal, or medical decisions on your behalf. Policyholders can change the beneficiaries as long as the policy is active. No one can change beneficiary designations after you die.

If the beneficiaries disagree with the decision of the personal representative, they can file a motion with the court to ask the court to reconsider the decision.

Dealing with a problem beneficiary

California executors can overrule beneficiary wishes based on the decedent's will or court orders, and align actions with legal requirements. Before making such decisions, it's wise to consult a probate attorney in order to comply with regulations and avoid potential disputes.

If a beneficiary requests access to financial institution statements and the executor refuses to provide them, the beneficiary can take legal action. They can follow the court for an order compelling the executor to reveal the requested information.

Who Can Change the Beneficiary on a Life Insurance Policy? In the case of a life insurance policy that has one or more revocable beneficiaries, the owner of the policy can change the beneficiary designations at any time.

On the other hand, you might feel you have little choice so that you have to accept the job. In fact, you do have a choice. Even if you feel an obligation to the deceased person—who has both honored and burdened you by choosing you for the role of executor—you can decline the job and let it pass to someone else.

An irrevocable beneficiary is a more ironclad version of a beneficiary. Their entitlements are guaranteed, and they often must approve any changes in the policy. Irrevocable beneficiaries cannot be removed once designated unless they agree to it—even if they are divorced spouses.

How much power does an executor have? ›

An executor has the authority from the probate court to manage the affairs of the estate. Executors can use the money in the estate in whatever way they determine best for the estate and for fulfilling the decedent's wishes.

It depends. A beneficiary can override an executor if the executor fails to follow the terms of the Will. Beneficiaries can override an executor if the executor breaches their fiduciary duty. A beneficiary who simply disagrees with an executor or does not like the executor's decisions cannot override the executor.

To do so, beneficiaries must be provided with enough information to enforce their rights. This generally includes the right to receive a copy of the Will shortly following the death of the deceased, and the right of being informed about the assets of the estate within a reasonable period of time.

When Can an Executor Withhold Money? An executor can withhold money from beneficiaries for valid reasons. Firstly, if the estate has outstanding debts or financial obligations, the executor may hold funds to settle these.

Choosing who will receive your assets or the payout (called a “death benefit”) from your life insurance policies is a decision you should consider carefully, because a beneficiary designation can't be changed or corrected after you're gone.

It is possible to have an executor removed from an estate, but it should be noted that this can only be done by the Master of the High Court or a court of law, on the grounds listed in section 54 of the Administration of Estates Act 66 of 1965 (“the Act”). The Act governs the conduct of executors in deceased estates.