Can an Executor of your Will also be a Beneficiary? – Devon Will Writer

It is a common myth that an Executor of a Will cannot also be a beneficiary.

This is not the case, as a person CAN act as your Executor AND benefit from your Will also.

This myth probably exists because it is the case that a beneficiary of your Will may NOT act as a WITNESS when you sign your Will. This does not render the Will invalid, but if a beneficiary has acted as a witness to your signature upon your Will, then they are automatically disinherited by law, and shall not receive any gift your Will makes to them. This also applies if a witness to your signature upon your Will is married to or in a civil partnership with a beneficiary of your Will AT THE POINT WHEN YOU SIGN YOUR WILL and have your signature witnessed.

It is a common requirement for a person who is arranging their Will (the Testator) to wish for their surviving spouse or children to not only act as the Executor(s) of the Will, but also benefit from it. This is perfectly acceptable and common practice.

To avoid any risks of accidentally disinheriting a potential beneficiary, especially substitute beneficiaries in case your preferred beneficiary has predeceased you, then it is advisable to ALWAYS select witnesses who have absolutely NO connection to your Will. Acquaintances, neighbours or work colleagues are usually a safe group of potential witnesses to select from.

For further details regarding arranging a correctly validated Will, then please visit our Wills page.