Can an Executor Also Be a Beneficiary of a Will?

Yes, an executor can also be a beneficiary of the same will, and in England and Wales this is in fact the most common arrangement rather than the exception. Most people name a spouse, civil partner, or adult child as both the person who administers the estate and someone who inherits from it. The law allows this freely, but it does create points where the executor’s personal interest and their legal duty to other beneficiaries can pull in different directions, and those points are worth understanding before you accept the role.

Written by Simon Jenkins, Curtis Legal LLP (Firm SRA No. 450129, Simon Jenkins SRA No. 167489). Call us on 0800 214 216 for a same-day callback.

Is it legal for an executor to be a beneficiary?

There is no rule in English succession law that prevents an executor from also receiving a gift under the will, whether that gift is a specific item, a cash legacy, or a share of the residuary estate. Solicitors who draft wills routinely appoint a spouse, partner, or one or more children as both executor and beneficiary because it is usually the simplest and cheapest way to administer an estate. The government’s own guidance on wills, probate and inheritance does not distinguish between executors who inherit and those who do not; the legal duties are identical either way. What does matter is that, once appointed, an executor-beneficiary owes exactly the same fiduciary duty to the estate and to the other beneficiaries as a wholly independent executor would, even though they personally stand to gain from how the estate is administered.

It is worth remembering, too, that being named as executor in a will is an invitation, not an obligation. Anyone named in a will do not have to accept the role, and a beneficiary who would rather simply inherit without taking on administrative responsibility is entitled to renounce executorship formally and let a co-executor, or another person entitled to apply, take the grant instead.

Common conflicts of interest and how to manage them

The friction in an executor-beneficiary arrangement does not come from the dual role itself, it comes from specific decisions in the administration where the executor’s personal interest and the estate’s interest could, in theory, diverge. Being aware of these moments, and documenting decisions properly, is the best protection for everyone involved.

Valuing estate assets

If an executor is also a beneficiary who wants to buy a particular asset from the estate, such as a car, jewellery, or a share in a property, the valuation of that asset becomes sensitive. An executor who undervalues an asset they intend to acquire personally is, in effect, taking value away from the other beneficiaries. The safe approach is always to obtain an independent, professional valuation (for example a RICS valuation for property or a specialist valuer for antiques and jewellery) and to be transparent with the other beneficiaries about the process and figures used.

Selling the family home

Where the estate’s main asset is a house and the executor-beneficiary is living in it, or wants to keep it, there is an obvious tension between selling promptly at market value for the estate’s benefit and the executor’s own wish to retain or under-price the property. Marketing the property openly through an estate agent, accepting the highest genuine offer, and keeping the other beneficiaries informed at each stage removes most of the risk of a later challenge.

Claiming executor’s expenses

Executors are entitled to be reimbursed for reasonable expenses incurred in administering the estate, such as travel, postage, and professional fees, but they are not automatically entitled to be paid for their own time unless the will contains a charging clause or they are a professional executor acting in that capacity. An executor-beneficiary who pays themselves undocumented sums from the estate account, even with good intentions, risks a dispute with the other beneficiaries and potential personal liability if the expenses cannot later be justified.

When a professional or independent executor makes more sense

For a straightforward estate with cooperative beneficiaries, an executor who also inherits usually works perfectly well and saves the estate money that would otherwise go on professional fees. There are, however, estates where it is worth appointing, or at least involving, a professional or independent executor instead:

• Large or complex estates, particularly where inheritance tax planning, trusts, or business assets are involved.
• Blended families, where children from different relationships may already distrust one another’s motives.
• Estates where one beneficiary-executor would receive a significantly larger or more valuable share than the others, inviting scrutiny.
• Any family history of disputes, estrangement, or previous disagreements about money.
• Situations where the executor-beneficiary simply does not have the time, confidence, or capacity to deal with HMRC, the Probate Registry, and asset holders correctly.

A professional executor, such as a solicitor, charges for their time but brings independence and expertise, which can be worth the cost in a contentious or high-value estate purely to avoid the risk of a dispute escalating into contested litigation later.

What if other beneficiaries suspect favouritism?

Where other beneficiaries genuinely believe an executor-beneficiary is acting in their own interest at the expense of the estate, whether by delaying distribution, undervaluing assets, or simply refusing to communicate, there are formal remedies available rather than simply hoping the situation resolves itself. Beneficiaries can request a full account of the estate administration, formally challenge specific transactions, or apply to the court. In serious cases, removing an executor through an application to the court is possible where there is clear evidence of misconduct, incompetence, or an unmanageable conflict of interest, and the court has wide powers to appoint a replacement in their place.

It is also worth beneficiaries understanding that executors can be personally liable for losses caused to the estate by their own breach of duty, whether through negligence, self-dealing, or simply failing to administer the estate properly within a reasonable time. That personal exposure is precisely why most executor-beneficiaries, once they understand the risk, choose to act cautiously, document everything, and take professional advice at the first sign of disagreement rather than pressing on alone.