What rights does a beneficiary of a Will have?
As someone named as a beneficiary of a Will, you have certain legal rights throughout the estate administration process. These rights help ensure you receive your inheritance and that the estate is handled correctly.
Right to be informed
You have the right to be told if you are a beneficiary of a Will. Executors must inform you that you are mentioned in the Will and explain what you are due to inherit. This includes an approximate value of your gift and details of when distributions are likely to occur.
It is also good practice for Executors to share the name of the person administering the Will and clarify the next steps.
Right to receive your inheritance
Once the estate has been properly administered, you are entitled to receive your inheritance. Executors must distribute assets as specified in the Will once debts, taxes, and expenses are settled. You must not receive your inheritance until probate has been granted.
Right to information
Beneficiaries have a legal right to request details of the estate and its administration. Executors should provide updates on progress and share estate accounts if asked. You can request breakdowns of how the estate assets were handled and distributed.
Executors are expected to keep a clear record of actions during administration in case beneficiaries ask to review them.
Right to challenge the Will or the Executors’ actions
If you believe the Will is invalid (due to lack of mental capacity, improper execution, or undue influence), or that Executors are acting improperly, such as mismanaging the estate, you have the right to challenge it. This can be done through legal avenues like filing a caveat or making a formal claim through the Courts.
Right to interest on delayed payments
In certain circumstances, you may be entitled to interest if your inheritance is delayed through no fault of your own. Executors must act within a reasonable time. If unjustified delays occur, beneficiaries can seek interest on the amount owed.
Right to refuse an inheritance
You are under no obligation to accept your inheritance. If you choose not to receive it, this is known as disclaiming your interest. Once you disclaim, the gift remains part of the estate and is reallocated according to the Will or intestacy rules.
What to do if you are concerned
If you believe your rights are not being respected, take these steps:
- Write to the Executor asking for details of the estate and your inheritance
- Request to see estate accounts if you have not received sufficient information
- Seek legal advice if the Executor fails to respond or you suspect misconduct
- If necessary, apply to the Court to remove or replace an Executor or challenge the Will
Final thoughts
The rights of a beneficiary are designed to protect your interests and ensure the deceased’s wishes are honoured. You are entitled to be informed, to know what you will inherit, and to receive it once probate is granted. You can also challenge mismanagement or delays, request estate accounts, or even decline your inheritance. If you have concerns or questions, seeking professional guidance is always recommended.
