Can my executor also be a beneficiary?
If you’re making a Will, a frequently asked question is whether the person you trust to sort everything out can also inherit from you.
The answer is yes. In England and Wales, your executor can also be a beneficiary of your Will, even if you’re leaving them everything you own. It’s a common arrangement for a spouse, partner or adult child to take on both roles. Receiving an inheritance does not prevent someone from acting as your executor.
What does being an executor involve?
Your executor is responsible for dealing with your estate after your death. This means identifying your assets, paying outstanding debts and taxes, and passing on what remains to the beneficiaries, according to your Will. They may also need to apply for probate before they can deal with certain assets, such as your home.
Being a beneficiary simply means someone is entitled to receive something under your Will, whether that’s a particular possession, a sum of money or an overall share of your estate.
For example, you could leave your estate equally between your two children and appoint one or both of them as executor. They would handle the administration, but would still inherit as you specified in your Will.
The mistake to avoid when signing your will
An executor who is also a beneficiary should not, however, witness your will. A spouse or civil partner of the beneficiary should not witness it either.
Doing so can invalidate the gift to that beneficiary, even though the Will itself remains valid. It is an easy mistake to make if a family member happens to be nearby when you are ready to sign. You need to arrange independent witnesses who, along with their spouses or civil partners, receive nothing under the will.
Who should you choose?
Trust matters in appointing your executor, but so do how much time they have, and their organisation skills. Your closest relative may be the obvious choice, but it is worth asking them whether they would feel comfortable handling paperwork and keeping other beneficiaries informed, while grieving themselves.
You can appoint another executor alongside them or name a substitute in case your first choice cannot act. Where family relationships or the estate is complicated, it is worth considering whether a professional executor would help. Your chosen executor can also seek professional advice from a solicitor without having to hand over the whole role.
Before you put someone’s name in your will as executor, speak with them about it. Explain what you’re asking and make sure they are willing to take it on. Once your Will is signed, tell them where the original is kept so they can find it when the time comes.