What Rights Does a Beneficiary of a Will Have?
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Jenny Walsh
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As a beneficiary of a will, it’s a mistake to sit idly by and wait for your inheritance. A lot can go wrong between the time your loved one dies and the time distributions are made. It’s important to understand what rights you have and how to enforce them.
On this page, we answer the common questions that come up around a beneficiary’s legal rights. If you would like more information or specific advice on your situation, our probate lawyers will be happy to help.
What legal rights do beneficiaries have?
If you are a named beneficiary in a will, your principal right is to receive your share of the inheritance once the estate has been administered. Executors are responsible for distributing the estate according to the will’s terms.
To make sure you receive what is rightfully yours, you have two supporting rights that protect your interests:
- Right to information, so you can work out what you are entitled to and see the estate accounts.
- Right to challenge or remove executors, if you suspect they are acting dishonestly or failing in their duties.
Beneficiaries also have a right to challenge the will itself. You can do this if you think the will is invalid, perhaps because your loved one lacked mental capacity or was pressured into making the will, or because you are not properly provided for in the will (in which case you may have a claim under the Inheritance Act).
Please see our separate page for contesting a will.
What is the beneficiary’s right to information?
At some stage, the executors must notify the beneficiaries of their inheritance and tell them what they are entitled to receive under the will. There is no fixed rule about when executors must contact beneficiaries. Executors often wait until probate is granted, which can take several weeks. The grant of probate is the official document that gives executors the authority to deal with an estate’s assets.
Beneficiaries are entitled to limited information about the estate during probate. You can ask for information that demonstrates if the estate is being administered correctly, which usually means valuation documents and copies of the estate accounts (i.e. funds coming in and going in).
You do not have the right to look over the executor’s shoulder and micro-manage them. However, a competent executor will keep beneficiaries updated on progress, as it can often take 6-12 months to wind up an estate.
Do beneficiaries have a right to see the will?
Surprisingly, no, beneficiaries do not have the right to see a copy of the will. Executors will often supply a copy however, and the will becomes a public document once probate is granted so you can order a copy from the Probate Registry.
When can beneficiaries of a will see the estate accounts?
Beneficiaries of specific gifts like a piece of jewellery or a sum of money generally do not have the right to see the full estate accounts.
Residuary beneficiaries — those who inherit what remains after all debts, expenses and specific gifts have been paid out — have to sign off the accounts before the estate can be wound up. Executors should distribute the final estate accounts to you shortly before you receive you share of the inheritance.
Executors also have to show you the interim accounts if you ask for them. This is helpful if the administration is taking longer than expected and you want clarity on where things stand.
What other information can beneficiaries request?
As a beneficiary, you may want to see copies of emails or evidence the executor did what they said they would do, but you are not entitled to this information as of right. The executor has discretion over what information they share with beneficiaries.
It’s good practice for executors to make everything as transparent as possible, however. If you are worried that you are not getting enough information from an executor, we can help you request the information you are entitled to.
Can a beneficiary of a will challenge or remove an executor?
Beneficiaries can get frustrated when probate is not progressing as fast as they would like or they are not clear about what’s going on. Conflicts like these are often quickly resolved by talking things through. We can clarify everyone’s rights and responsibilities and help you establish clear guidelines for information-sharing and communication with the executor.
We can also help if you are worried about an executor’s honesty or feel they are mishandling the estate in some way. For example:
- Refusing to act
- Selling assets for less than their value
- Being reckless with money belonging to the estate
- Using estate assets for personal gain
- Paying beneficiaries before settling outstanding debts
Executors must act in the best interests of the estate and its beneficiaries. If you believe an executor is not doing this, we can help you explore your options for challenging them. This could include:
- Requesting a full inventory of the estate
- Applying to court to remove an executor
- Claiming against the executor personally to account for any losses
Can the beneficiaries of a will remove an executor?
Regardless of whether the executor’s misdeeds were intentional, beneficiaries have the right to seek the removal of an executor who is not fit for the job.
The Court will need clear evidence that the executor is not acting in your best interests, which may be the case if the executor has committed serious misconduct such as failing to pay creditors or stealing from the estate.
Executors cannot be forced to distribute an estate until one year has passed since the date of death. Even after this time, there may be legitimate reasons why the executor cannot distribute an estate, for example, there are foreign assets to recover or a property is still on the market. While this can be frustrating for beneficiaries, “taking too long” is unlikely to be a good enough reason to remove an executor unless there is evidence the executor is doing nothing at all.
You will need to take legal advice if you have concerns along these lines. Our dedicated contentious probate team will be able to advise you on the best course of action.
We’re here to help
If you would like help with exercising your legal rights as a beneficiary of a will, get in touch. Our specialist wills and probate team has extensive experience helping beneficiaries receive their inheritances and resolve any disagreements that come up. We can also help you defend your position if you’re an executor facing allegations from beneficiaries. To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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FAQs
What does an executor have to disclose to beneficiaries?
An executor has a duty to keep beneficiaries informed about the estate’s administration. This includes providing details on assets, liabilities, and how the estate is being distributed. While they don’t need to share every document, they should be transparent about major decisions, such as property sales or delays in probate. If beneficiaries have concerns about an executor’s actions, they can request an estate account summary which outlines all of the transactions that have been made as well as the final balance at the end of the estate administration process.
Can executors change a will?
No, executors can’t change the terms of a will. However, if all beneficiaries agree, changes can be made through a Deed of Variation. A deed of variation is sometimes used when beneficiaries want to split the assets more fairly or provide for someone who was not included in the will.
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“Thanks again for all your efforts, it is so much appreciated that I will be recommending Osbornes to family and friends in the future”
“I am emailing to let you know the Fantastic work Suzanna Baker does. She is handling the will/estate for my late Uncle. I am located in Australia, so as expected there are geographical and time differences hindering communication. In a few emails and one phone call we had sorted the whole matter out and finalised. This was impressive to say the least! All I wish is that Suzanna be recognised for her fantastic work.”
I received an outstanding service from Osbornes Law in relation to the processing of a complicated overseas Will. The service provided by Suzanna Baker and Jan Atkinson was very professional, their communication was clear and concise, and I felt that they did all they could to ensure as smooth a progression through probate as could be expected. I would 100% recommend this law firm.
Appreciated the professionalism of my solicitor, Samantha Tayler, in particular her clear explanation of legal terms and situations, her attention to great details which reassured me and put my mind at rest, her patience in helping me to make sure that I was satisfied to all aspects of my will before I signed the final draft. Since I have assets in Malta, she also clarified for me the situation regarding the European Succession Law .
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters.
Jan Atkinson is a stand out partner who combines a non-contentious and contentious practice. She is calm, persuasive and persistent. Clients would undoubtedly trust her and she is able to call on a super nice rock solid team around her.
Jan Atkinson is an impressive lawyer who knows her way around private wealth dispute matters. She is very experienced in lengthy and fraught disputes and knows how to achieve good solutions for all parties involved. She is very on the ball and works very efficiently.
She brings a depth of experience in estate administration to her respected disputes practice.
Elspeth explained everything very clearly and made us feel comfortable.
I am truly amazed by and exceedingly happy with the rapid progress being made by you and your team in handling matters on my behalf.
"Jan Atkinson, with her steely, steady, calming presence, instils confidence in the most highly-strung of us clients. With her masterful knowledge of the law, old and new, and its application, Jan can navigate through the most complex of cases to a successful end."
"I find Osbornes’ client-friendly approach welcoming and refreshing"
"Jan Atkinson is a formidable litigator in succession disputes – you want her on your team in any such case"
"A very capable team headed by the wonderful Jan Atkinson. She is both able and charming, which is a winning combination"
"Jan Atkinson stands out for her wide-ranging knowledge and experience of estates; whatever problem you throw at her, she has seen it all before and is able to find a creative and sustainable solution. She has exceptional commitment to her clients and explores every avenue to find the best solution for them"
"Osbornes does high-quality work. Jan Atkinson is the go-to partner for independent administrations"
"A medium-sized London firm dealing with big litigation and doing it extremely well because of a depth of expertise and experience."
"Jan Atkinson is extremely experienced and an expert in this area of law. She is utterly pragmatic, always looking at what the client wants to achieve. She can be extremely tough when she needs to be but always knows when to compromise"
My family had the pleasure of Jan Atkinson working with us on the will and probate issues of [my mother's] estate in Camden and Ireland after she passed on last year. Jan and her assistant(s) offered us a fantastic service at a sad time.
"Jan Atkinson stands out for her wide-ranging knowledge and experience of estates; whatever problem you throw at her, she has seen it all before and is able to find a creative and sustainable solution. She has exceptional commitment to her clients and explores every avenue to find the best solution for them"
Jan Atkinson has extensive experience in private client matters, which underpins her excellent skills in the contentious probate area. Plus she is strong on international matters
A small but formidable team, punching above its weight. Jan Atkinson is a seasoned pro. Approachable but no push-over
The team is very caring, experienced and detailed and was clear about the next steps and offered very helpful advice and suggestions
Jan Atkinson is "terrific," "extremely professional" and "enormously experienced."
Jan Atkinson's "in-depth knowledge of the non-contentious work gives her an advantage when she's dealing with very difficult contentious issues, because she really understands what has gone wrong and how to get it right"
"Elspeth Neilson is very reliable and practical."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"Osbornes feels like a local firm but with a Big City reach."
"The team were extremely professional in putting my needs first. There was a joined-up approach to catering for the client, and all lawyers involved were briefed and constructive."
"Recognised for its expertise in both domestic and international adoption, as well as assisted conception."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
The situation was handled by your extremely competent, efficient hands - I would not hesitate to recommend Osbornes to others.
"Service prompt and effective. I have absolute confidence in Maggie."
Elspeth explained everything very clearly and made us feel comfortable.
I am happy with the service that I got and would recommend you to other potential clients.
I found Osbornes always very helpful and efficient.
We are very pleased with the services of Osbornes. Highly professional and through with close attention to detail.
I would like to thank Elspeth Neilson for her kindness and professionalism in dealing with all our legal requirements during this difficult period. It has been a pleasure working with her.
I would highly recommend Jan Atkinson in any probate matter and Osbornes Solicitors in any other legal matters.
Jan Atkinson is a very proficient lady whom I would highly recommend to anyone involved in probates.
Thanks for all your work and explaining everything so clearly. For any legal matters in the future I would not hesitate in instructing Osbornes.
We have found your service to date as the most informative we have come across.
Osbornes Solicitors always responded promptly to any request for information I had.
“Geoffrey’s affairs were dealt with just the right combination of friendliness and professionalism, which really helped.”
Jan Atkinson is confident with a straightforward approach. Her practice covers both contentious and non-contentious matters, including wealth planning and estate administration.
Naomi Angell is the doyenne of inter-country adoption and the font of all knowledge in this area.
Elspeth's assistance and services are much appreciated. Her instructions are clear and she managed the process well despite the many external delays beyond her control.
I wanted to say that I am grateful beyond words at the effort Jan Atkinson has been putting in towards fixing our situation.
I would like to thank everyone in my case for the excellent job!
Jan Atkinson has helped me so very much! Thank you!
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
Elspeth was unfailingly kind, responsive and very patient. At times she was like a counsellor. She is a star.
This team is perhaps best known for its children work, often involving complex international dynamics.
Osbornes handles a growing stable of wealthy international clients. The firm receives glowing plaudits from clients.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
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