Estate beneficiary. This concept refers to those that will benefit from the distribution of a given estate. However, what rights does an estate beneficiary actually have? Laura Richardson investigates . . .

If you have been named in a Will as a beneficiary to receive either a named asset, cash sum, or an overall share of the whole Estate, you have legally protected rights to ensure that you receive your bequest as intended. Here are some frequently asked questions regarding the legal rights of a beneficiary:

  1. Is there a legal right to inform a beneficiary that they have been named in a Will? A Testator does not have any legal obligation to disclose the contents of their Will with anyone whilst they are alive. However, once the Testator has died, the Executor of their Estate has a legal responsibility to locate and inform all beneficiaries that they have been named in the Will, as well as privately disclosing to each beneficiary what they have been bequeathed. The Executor is also expected to keep the beneficiaries up to date as the administration of the Estate progresses.
  2. Can a beneficiary be removed from a Will? The Testator is the only person who can choose to remove a beneficiary from their Will. It is up to the Testator to decide whether or not to inform any beneficiary that they have been removed from their Will.
  3. Is it a legal requirement for a beneficiary to accept a bequest? A beneficiary does not have to accept any bequest from a Will. Any rejected bequests will be returned to the Estate and the Executor will re-distribute the bequest accordingly.
  4. Does a beneficiary have the legal right to change a Will? Yes! A Deed of Variation can be drawn up to officially change the Will. In order for the Deed of Variation to be valid, all of the beneficiaries must be in mutual agreement, must be over 18 years old and must have the mental capacity to understand the implications of the Deed. This tends to happen if somebody has been left out of a Will, in which case one of more of the beneficiaries agree to a portion of their inheritance being given to that person.
  5. Does a beneficiary have any additional legal rights to challenge a Will? A beneficiary has the same right to contest the Will as any other person. There must be sufficient legal grounds for anyone to contest a Will under UK law.
  6. Does a beneficiary have a legal right to challenge the Executor? Yes! If a beneficiary believes that the Estate is not being properly administered, formal legal action can be taken against the Executor. In some cases, the Executor will be removed from their duty, but this decision can only be made by the Court.

If you have been named as a beneficiary and would like legal advice, please contact Andrew Douglas Wills & Legal Services today. As specialists in this complex area of Law, we are proud to offer expert legal advice in a down-to-earth, friendly manner! What’s more, we offer a free, no-obligation, initial consultation so whether in Braintree, or the surrounding areas of Essex, we welcome your call.

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