What is a beneficiary of a Will?
If you’re trying to understand what it means to be a beneficiary of a Will, this article explains. In short, a beneficiary is any person or organisation named in a Will to receive gifts or assets after someone dies.
Who can be a beneficiary?
A beneficiary of a Will may be:
- A friend, family member, or close relation
- A charity or other organisation
- Named by relationship, such as “my son” or “my niece”, though full names and addresses help reduce confusion later
Even specific gifts like jewellery, sums of money, or property can be left to charities or individuals.
Types of beneficiaries
There are three main types:
- Specific beneficiaries, who receive a particular item (for example, a watch or painting)
- Pecuniary beneficiaries, who receive a set sum of money
- Residuary beneficiaries, who inherit what remains after debts and other gifts have been dealt with
Residuary beneficiaries often receive a share of what is left in the estate, known as the residue.
What rights do beneficiaries have?
Once probate is granted, a beneficiary has legal rights to be informed about their inheritance. This includes:
- Being told they are a beneficiary
- Receiving an estimate of their gift
- A right to ask for accounts of the estate
- Updates on when they can expect to receive their share
However, before probate is granted, they do not automatically have a right to see the Will. After probate, it becomes a public document and can be obtained from the Probate Registry.
Do beneficiaries take on any responsibilities?
No. Being a beneficiary is a passive role. You do not manage the estate or settle debts. That responsibility lies with the Executor or Administrator, also known as the Personal Representative. They ensure the estate is administered correctly before distributing gifts to beneficiaries.
What happens if a beneficiary dies before the Testator?
If a beneficiary named in the Will dies before the person who made the Will, their gift may lapse and revert to the residuary estate. Unless there is a substitution clause or the law of anti‑lapse applies, that portion may be redistributed to other beneficiaries.
What about beneficiary designations outside the Will?
Some assets, such as life insurance policies or pension proceeds, may name beneficiaries directly. These assets usually bypass probate and are paid out automatically according to the beneficiary designation, not the Will itself. These must be kept up to date separately.
Why knowing about beneficiaries matters?
Knowing who is a beneficiary helps Executors manage expectations. It also supports beneficiaries in understanding their rights, the timing of inheritance, and whether anything is potentially missing or contested.
Clear, accurate identification of beneficiaries in a Will helps avoid disputes and ensures that the Testator’s wishes are honoured.
Final thoughts
A beneficiary of a Will is someone chosen to receive a gift, legacy, or share from a deceased person’s estate. While you do not have to do any administrative work, you are entitled to notification and information once probate is granted. Beneficiaries should feel confident in checking with Executors and, if necessary, seeking legal advice to protect their interests.
