An executor de son tort is a person who is ‘… not expressly declared by the settlor to be trustee[s] (executors) but rather are deemed to be constructive trustees (executors) by operation of law, due to their meddling with trust affairs, they are therefore constructive trustees (executors).'(Emphasis added). Thomas, Geraint W.; Hudson, Alastair (25 Mar 2010). The Law of Trusts (2nd ed.). Oxford University Press. ISBN 978-0-19-955028-9. In other words, a person who is not named in the will as an executor but who acts as one. A mere assertion of rights of ownership or possession over chattels or land has been held by courts as sufficient to amount exercise of control as an executor. More frequently a person becomes an executor de son tort by assertion of a power to act on behalf of the estate (Nolan v Nolan [2004] VSCA 109; Paragraph 19).Where a person does an act characteristic to an executor and is not a complete stranger, a natural inference can be drawn that they are a named executor of a will which has not been proven. An executor de son tort is subject to same liabilities and fiduciary duties as an ordinary executor but does not have the same privileges or benefits as them (ex parte public trustee; Carmichael v Carmichael (1846) 2 PH 101 at 103). An executor de son tort can be sued by a rightful representative, creditor or beneficiary for property received or loss/damage to the estate from their intermeddling. Common examples can include: devastavit, breach of fiduciary duty or breach of trust and an action to account (on both a common and willful default basis). The executor is liable to account for assets that they have illegitimately dealt with (Public Trustee v CBA [2018] VSCA 109). However, the liability is limited to the property the executor de son tort has meddled with. (Halsbury’s Laws of Australia 395-2455 Executors de son tort). An executor de son tort cannot relinquish themselves from liability if the court considers them an executor de son tort. (Re Will of Lyndon [1960] VR 112 at 115).