I've gotten several questions lately from trustees or personal representatives.  Some of those questions consider the possibility of ignoring the terms of the will or trust. 

When you choose a personal representative or trustee, give careful thought to whether this person will carry out your wishes.  I've had several instances where a personal representative or trustee tries to ignore the terms of the will.  Sometimes the personal representative wants to give part of the property to someone who was specifically disinherited "because they reconciled since she made that will."  Or the opposite occurs.  The personal representative does not want to make a distribution called for in the will because, in the eyes of the personal representative, the recipient does not deserve it.  Other times the trustee wants to expand beyond the scope of the trust, such as making distributions for living expenses when the trust is limited to payment for education.

I want to go on record as opposing attempts like this to ignore the wishes of the deceased.  Sometimes, everyone involved can agree that they want the personal representative to ignore the will.  Everyone but the deceased, that is.  If all interested parties agree, there will be no one to enforce the provisions of the will.  However, that still does not make it right.  If everyone wants to see the prodigal son receive a portion of the estate even when he was cut out, I don't object to having them share their part of the estate with anyone they wish.  However, that should clearly be a gift from them to the prodigal son.  If everyone thinks that it would be a good idea to pay the beneficiary's rent when the trust calls only for educational expenses (and the beneficiary isn't in school), that grates on me.  It is the trustmaker's money, and he was within his rights in putting restrictions on how it should be spent. 

If you are named personal representative or trustee and you don't agree with the terms of the will, consider not accepting the job.  If you are making your will or trust, consider whether the person you nominate as personal representative, executor or trustee will carry out your wishes or try to do an end run around them.