I am a Beneficiary – what can I expect from the Executor?

If you are named a Beneficiary in someone’s Will who has died, you might wonder what can a beneficiary expect from an Executor, what you are entitled to and what should the Executor should do.

If you require immediate advice on your inheritance, contact our expert team on 01273 604123.

What Do “Beneficiary” and “Executor” Mean?

Before considering entitlement, it is essential to understand your roles:

• A beneficiary is someone named in a Will to receive something (money, property, or some other assets) from a person’s estate after they’ve died; and
• An executor is responsible for carrying out the provisions of the Will and administration of the estate.
• Executors have to inform beneficiaries they are named in the Will

Can the Executor of a Will also be a Beneficiary?

Someone can be the executor and beneficiary of a will, and that is quite common. If other beneficiaries are not executors, then the responsibilities of an executor include making sure they do not favour one beneficiary over another or themselves over other beneficiaries. Being an executor is a fiduciary duty; if they act in their own interests, they risk removal and/or financial penalties.

I am a Beneficiary. What are my Rights?

As a beneficiary, you have a right to receive what was left to you by the person who has passed away. You’re also entitled to know:

• That you are a beneficiary;
• What you’re due to receive, and
• Rough timeframes (though these can vary)

Duties of an executor of an estate

An executor is the person named in the Will who is responsible for implementing the terms of the Will. They must exercise proper care and act in the interests of the beneficiaries, not themselves. Just some of the duties are to arrange the funeral, establish the assets and liabilities of the estate, make a report to HMRC for inheritance tax purposes, apply for a Grant of Probate of the Will, collect in the assets, pay the debts and implement the terms of the Will.

The executor should keep you reasonably informed, but they don’t have to provide constant updates, so it is essential to ask if you want to know something.

You will also be entitled to see a copy of the Will that makes a gift to you and the ‘Estate Accounts’ – details of the estate’s assets and liabilities.

How Long Will it Take?

Sorting out an estate can take time, often between 6 and 12 months, depending on how complex things are. Once Probate is obtained, all debts and taxes paid, and provided there are no issues, you should receive your inheritance.

If you have been left a monetary gift in someone’s Will, and over 1 year has passed from their death, you should ask the executor about any interest payable on your gift, or seek advice from our team on whether you are entitled to such.

What to Do If There Are Problems

Not all estates are dealt with correctly or on time. If you’re worried that an executor is being slow, uncooperative, or dishonest:

1. Talk to them first – misunderstandings are common, and they may need more time.
2. Ask for a written update or explanation, and if that fails,
3. Get advice from a specialist solicitor who can advise you on the next steps.

Depending on the executor’s actions, there may be grounds to remove them as executor. Get in touch with us if you would like to know about this.

Don’t be afraid to ask questions or obtain advice if you’re unsure about anything. Our Head of Contentious Probate and Estates, Daisy Tester, will be happy to discuss this further with you to see how we can help, including liaising with the executor on your behalf or explaining their updates to you.

Contact our team today on 01273 604123. or via email at enquire@bbc-law.co.uk or make an enquiry.