09/01/2026
Can an Executor Change a Will in New South Wales?
An executor is responsible for managing a deceased person’s estate and ensuring the will is carried out according to New South Wales law. But can an executor actually change a will?
The Executor’s Role
An executor must act in the best interests of the beneficiaries and follow the testator’s wishes as expressed in the will. This fiduciary duty requires the executor to act honestly, diligently, and without personal gain.
Their responsibilities include collecting the estate’s assets, paying debts and liabilities, and distributing the remainder in accordance with the will and the Succession Act 2006 (NSW).
Can the Will Be Changed?
In most cases, an executor cannot alter the terms of a will. However, if all beneficiaries agree, the estate’s distribution may be modified through a Deed of Family Arrangement.
This legal document allows beneficiaries to agree to redistribute their entitlements — for example, if one family member wishes to give part of their inheritance to another. Any beneficiary whose share is reduced must give informed, written consent.
When Distribution Differs from the Will
Even when the will itself is not changed, the distribution of an estate may differ for practical or legal reasons, such as:
• A beneficiary passing away before the testator – Under the Succession Act 2006 (NSW), a gift to a deceased beneficiary usually lapses unless the will provides otherwise.
• Estate debts or liabilities – Assets may need to be sold to pay debts before beneficiaries receive their inheritance.
• Vague or unclear wording – If the will’s instructions are uncertain, the executor may need to seek guidance from the Supreme Court of New South Wales.
If the Executor Does Not Follow the Will
Executors must act lawfully and in accordance with the will. If a beneficiary believes the executor is acting improperly, they can:
• Request to inspect the will or estate accounts;
• Apply to the Supreme Court to compel proper administration; or
• Seek to remove the executor in cases of serious misconduct.
Key Point
An executor’s duty is to carry out the will, not change it. Any alteration must be agreed upon by all beneficiaries or arise from legal necessity.
If you are an executor or beneficiary seeking advice on an estate matter, our team at NSW Probate can assist you in understanding your rights and obligations.
Contact us today:
Phone: 02 9167 2770
Email: [email protected]
Website: www.nswprobate.com.au
