Beneficiary rights

Being a beneficiary in a will does not mean you are entitled to see the will. And whilst you are entitled to receive updates on the progress of the estate’s administration and aren’t actually prevented from asking the executor(s) to see a copy – they can still refuse this request. 

This is because, following the death of the testator (the person who made the will), the will of the person who has passed away remains classified as a private document that only the named executor(s) have a right to see. However, after probate is granted, the will becomes a public document, which means then you can be granted access to it.

Generally, the administration of an estate takes between 6 and 12 months (though this can be longer in more complex cases). Delays are caused by a number of factors, including issues with sale of properties, locating and accessing bank accounts or other assets, and also where there is a dispute in relation to the estate. These delays can be frustrating for you as a beneficiary, who wants to ensure that the estate is administered swiftly and to receive their inheritance.

Before receiving your share of the estate, the executor(s) need to be authorised by the probate court to start distributing the estate. When this is approved, the executor(s) can then begin transferring any assets/‘gifts’ to the beneficiaries.

Yes! As a beneficiary, you have a right to challenge the validity of a will and you also have a right to challenge a will if you feel that it doesn’t make adequate provision for you, especially if you were financially dependent on the the person who has passed away. 

Yes! As a beneficiary, you aren’t under any obligation to receive your inheritance and you even have a right to refuse it. Should you refuse (‘disclaim’) your inheritance, your share will remain part of the estate and will then be redistributed amongst the other beneficiaries.

Yes, if you are not satisfied with the executor/administrator or concerned that they have acted in a way which benefits them over the beneficiaries, write to the executor/administrator to make clear your concerns. Ask that they put right any wrongs and/or explain their decisions.

If you still remain concerned or have any other queries, please do get in touch with the IDR Law legal team and we can assist with this.