Can a beneficiary also be an executor?

Yes—you can name someone to inherit under your will as well as appoint them as an executor, but it can create conflicts of interest and may lead to delays or disputes.

Why it matters

An executor has a legal duty to act impartially, gather assets, pay debts and distribute gifts exactly as your will instructs. If that same person also benefits, they might be seen as favouring their own share or taking decisions that suit them. Other beneficiaries could challenge the fairness of the process, leading to legal costs and family tension.

Can beneficiaries serve as executors?

• Legal allowance: England and Wales law does not forbid a beneficiary from acting as an executor.
• Number of executors: You can still name up to four executors; you might choose one or more beneficiaries alongside independent executors.
• Joint executorship: If a beneficiary-executor dies or refuses, remaining executors carry on, so having non-beneficiary backups helps.

Pros and cons

Pros

• Executors know the family and your wishes well.
• It can save on professional fees if no solicitor or trust corporation is needed.

Cons

• Risk of perceived unfairness if they handle their own gift first.
• Other beneficiaries may doubt their impartiality.
• Disputes can arise over valuations, timing or expenses.

Common mistakes

• No independent oversight: Relying solely on beneficiary-executors leaves no one neutral to check decisions.
• Vague gift instructions: If gifts aren’t clearly defined, an executor-beneficiary could unintentionally take extra or delay distribution.
• Missing backups: If your main executor-beneficiary can’t act, the court may appoint someone unfamiliar with your estate.

Next steps

1. Use our Estate Planning Health Check to see if you need neutral executors or if a beneficiary role is acceptable.
2. Draft your will in our paid online service—it prompts you to add independent or professional executors alongside beneficiaries.
3. Once you receive your will, sign it with the two required witnesses and store it safely.

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