A person can only be executor de son tort as long as he intermeddles with the estate of the Deceased. An executor de son tort is one who takes upon himself the office of an executor or intermeddles with the estate of the deceased without having been appointed an executor and without having obtained a grant from a competent court.
An executor de son tort is held to account for assets which come to his hands, not upon the basis of entrustment but upon the basis that not being entrusted, he had no business to intermeddle.
An executor de son tort is answerable to:
1. The rightful executor or administrator; or
2. The creditor of the deceased; or
3. Any legatee under the will. He can be sued by a legatee in the absence of legal representation.
Extent of his liability:
he is liable to the extent of the assets which may have come to his hands after deduction –
1. Payment made to rightful executor or administrator and
2. Payments made in due course of administration.