Legal Question in Wills and Trusts in North Carolina

No. The executor (or executrix) never has the right to alter a will. That said, many wills leave the disposition of assets up to the discretion of the executor. In such case though, there is no alteration of the will. The only other exception would be if a caveat were filed, sometimes the executor decides that fighting and litigating is not in the best interests of the estate. In such case the executor and the caveator(s) will enter into a settlement agreement and will agree to a certain disposition even though it may be different than the testamentary scheme. But this is in rare cases. Where the will is properly drafted and valid (properly executed, witnessed and notarized and no fraud, undue influence) then the testator's intent controls.