Can an Executor or Administrator be a beneficiary?

Can an Executor or Administrator be a beneficiary? Before we answer this question, it’s important to understand the difference between an Executor, Administrator, and beneficiary. Also, it’s vital to know what each person's duties in estate administration are, which is what we cover in this article.

Who can be an Executor?

Executors are people chosen and named in a Will by the Testator, who is the individual whose Will it is. The Executors of a Will are responsible for administering the estate of the Testator when they have passed away. Up to four Executors can be named in a Will, and it’s best practice to name at least two.

Who can’t be an Executor?

Other than those who don’t have capacity, there are few restrictions on who can and cannot be your Executor:

A former spouse/civil partner cannot act as an Executor if the marriage or civil partnership came to an end after the Will was written;
If your Executors are named as beneficiaries and they have officially witnessed your Will, they forfeit their part of the estate;
Beneficiaries (and their spouse or civil partner) cannot be witnesses to a Will.

Important! If you want someone to be your Executor and a beneficiary, you shouldn't have them as a witness.

Who can be an Administrator?

Under the rules of intestacy, the person eligible to apply to be an Administrator is usually a next of kin of the deceased. The hierarchy for applying for Letters of Administration typically follows this order:

Spouse or civil partner;
Children;
Parents;
Siblings;
Grandparents, aunts, or uncles.

What is the difference between an Executor and an Administrator?

The only difference between an Executor and an Administrator is that Executors are named in the Will and Administrators are appointed in cases of intestacy. They have the same role, responsibilities, and liabilities.

The umbrella term for Executors and Administrators is Personal Representatives (PR).

What is the difference between an Executor and a beneficiary?

An Executor is someone named in a Will and given the power to administer a person’s estate after they have died, whereas a beneficiary is someone who inherits money or property under a Will. They need to establish how much money, property, assets, investments, etc. the deceased had and distribute the assets or their value following the their wishes as set out in the Will.

In contrast, a beneficiary is entitled to either property or money from the estate and only has an interest in receiving what is due to them. They have no duties to administer the estate.

What are the duties of an Executor?

In the UK, the Executor of a Will is responsible for managing the estate of a deceased person, paying any debts and taxes, and distributing the remaining assets according to the terms of the Will. The specific duties of an Executor may include:

Obtaining a Grant of Representation: This is a legal document that confirms the Executor's authority to manage the deceased person's estate.
Gathering and securing the deceased person's assets: This includes finding, identifying, and protecting the deceased person's property.
Paying debts and taxes: The Executor is responsible for paying off the deceased person's debts and any taxes owed, such as Inheritance Tax.
Distributing the remaining assets: The Executor must distribute the assets according to the terms of the Will, which may include selling property or transferring assets to beneficiaries.
Keeping records: The Executor must keep accurate records of all transactions and decisions made in the estate administration process.
Communicating with beneficiaries: The Executor should keep the beneficiaries informed of the administration of the estate and any decisions made.

It is important to note that Executors have a financial and legal duty to act in the best interests of the estate and its beneficiaries and must act with care, skill, and impartiality.