Can an executor also inherit under the will?
The most common will in England and Wales names the main beneficiary — usually a spouse or an adult child — as the executor. It makes practical sense: the person inheriting the estate has every incentive to administer it carefully, and they usually know the family finances best. There is no legal conflict of interest: an executor's duty is simply to carry out the will as written.
Can an executor who inherits also witness the will?
An executor who also benefits under the will must not be one of the two witnesses. Under section 15 of the Wills Act 1837, a beneficiary who witnesses loses their gift — the will survives, but their inheritance fails. The same applies if the witness is a beneficiary's spouse or civil partner. Choose two independent witnesses instead; our guide to who can witness a will explains exactly who qualifies.
How should you structure executors and substitutes?
- Up to four executors can act; we recommend naming two, or one plus a substitute.
- Executors do not have to be beneficiaries — a trusted friend or sibling who inherits nothing can act, and may even witness (though independent witnesses are still tidier).
- Always name a substitute executor in case your first choice dies before you or declines the role.
For the full job description, see what an executor is. Ready to name yours? You can make your will in about 15 minutes with SwiftWill — one-time £35, free updates for life.