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Beneficiary

A person or organisation named in a will to receive assets, money, or property from an estate after someone dies.

A beneficiary is any person, charity, or organisation named in a will to receive something from the estate. This can include:

  • Money (a pecuniary gift)
  • Specific items like jewellery or a car (a specific gift)
  • A share of what's left after debts and specific gifts are paid (residuary beneficiary)
  • Property or land

Types of Beneficiaries

Primary beneficiaries are the main people you want to inherit. Contingent beneficiaries only inherit if the primary beneficiary dies before you or can't inherit for some reason.

Important Rules

In the UK, beneficiaries cannot witness the will they benefit from. If they do, they lose their inheritance. Their spouse also cannot be a witness.

Beneficiaries don't have to accept their inheritance. They can disclaim it or redirect it using a deed of variation within two years of the death.

Common questions

Can a beneficiary be an executor?
Yes, a beneficiary can also be an executor of the same will. This is common when a spouse or adult child is both inheriting and managing the estate.
What happens if a beneficiary dies before the person who made the will?
Usually their gift fails (lapses) and goes into the residuary estate, unless the will says otherwise or they were a child/grandchild of the testator (in which case their children may inherit).
Can a beneficiary witness a will?
No. If a beneficiary witnesses the will, they lose their inheritance. The same applies to their spouse or civil partner.
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