What Does It Mean to Be a Beneficiary of a Will?

Posted: 26 August 2026

The loss of a loved one can be a significantly distressing time emotionally.

Alongside arranging the funeral, the Testator’s Estate (the person that has died) will need to be dealt with which can entail many practical and legal considerations such as to collect in the assets, settle the liabilities and pay the balance out to the beneficiaries in accordance with the provisions of the Will, if one was made. These would be the duties of the Executors of the Testator.

Who can be a Beneficiary?

There are different types of beneficiaries that could be included in a Will.  A beneficiary could include named individuals, a class of people (e.g. “my grandchildren”), a charity or a gift could be made to a trust.

What might a Beneficiary receive?

Beneficiaries could receive various assets under a Will. This can include a particular item such as jewellery, a painting or a motor vehicle. Alternatively, a monetary gift could be made.

Moreover, a beneficiary may receive a share of the Testator’s ‘Residuary Estate’ which is in essence everything after the payment of debts, funeral and testamentary expenses (such as Inheritance Tax) as well as what is left after other specific gifts in a Will.

In some instances, a beneficiary inheriting can be contingent and so they will only inherit if a specific condition is met such as attaining a particular age.

What rights do Beneficiaries have?

Before a beneficiary can receive under an Estate, the Executors must administer the Estate first which, depending on the size and complexity of the Estate, can take many months to deal with. It is not unheard of for an Estate to take over a year to be finalised.

A beneficiary cannot therefore immediately request payment to them by the Executor. In some instances, an Executor and beneficiary may be the same person.

Some rights of a beneficiary would include to be informed that you are a beneficiary, and what you are entitled to receive as well as to receive your inheritance within a reasonable timeframe, which again would depend on the complexity of the Estate in question.

Is a Beneficiary entitled to see the Will?

Prior to Probate being obtained, it is usually at the Executor’s discretion as to whether the Will is shared with other parties.

However, once Probate is obtained, the Will becomes a public document and available to access by anyone, regardless if an individual is a beneficiary or not.

Can a Beneficiary redirect their inheritance?

Yes. Where a beneficiary decides they do not want to inherit under a Will whether in whole or in part, the inheritance can be disclaimed or redirected to someone else such as the beneficiary’s children. Inheritance can also be redirected to a charity for example.

To redirect inheritance, this would be done under a ‘Deed of Variation’ which could redirect beneficiary A’s inheritance to beneficiary B as if beneficiary B was named by the Testator in their Will. To be afforded potential tax advantages of making a Deed of Variation, the document needs to be signed within two years of the date of the Testator’s death.

However, if seeking to create a Deed of Variation, legal advice should be sought as there can be legal and tax implications involved.

If a beneficiary disclaims their inheritance, then said inheritance would fall back into the Estate and may be redistributed in accordance with the provisions of the Will or the rules of intestacy.

 How can we help?

The various practical and legal considerations when a Will and beneficiaries are involved can be difficult and stressful, especially after losing a loved one.

Here at Taylor Haldane Barlex LLP, our Probate Department can advise you as to your position as a beneficiary.

Should you also wish for your loved ones to be beneficiaries of your Estate and want to create a Will, then please contact us and we can guide you through the process of making a Will.

 Please do not hesitate to get in contact with us for a 30 minute free initial consultation.

You can learn more through our Will solicitors if this is relevant to your situation.

Call our Chelmsford Office on 01245 493959, Witham office on 01376 513491, Shoebury office on 01702 298282 or Braintree office on 01376 559690 send an email.

Author: Sidney Preddy

Sidney Preddy specialises in Wills and Probate and is based in our Witham office. He advises clients across all areas of Private Client law, including wills, estate planning, probate and estate administration, Lasting Powers of Attorney, and Court of Protection matters. Known for his thoughtful, client-centred approach, Sidney strives to make even complex legal matters feel straightforward and supportive.