---
title: "What is a beneficiary?"
description: "Anyone who inherits under a will — specific gifts, cash sums or a share of the residue. Witnesses who inherit lose the gift."
url: "https://swiftwill.co.uk/what-is-a-beneficiary/"
author: "Marcus Kaiser"
date_modified: "2026-08-12"
---

# What is a beneficiary?

A beneficiary is any person or organisation that receives something under your will — whether a specific item, a fixed sum of money, or a share of everything left over. You can name as many as you like, and you can (and should) name substitutes in case a beneficiary dies before you.

> SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information.

## What is a beneficiary of a will?

A beneficiary is any person or organisation that receives something under your will —
 family, friends, charities, anyone you choose. You can name as many beneficiaries as you
 like, and for each gift you can (and should) name a substitute in case your first choice
 dies before you.

## What kinds of gifts can a will make?

- **Specific gifts** — a particular item: "my watch to my nephew Sam".
- **Pecuniary gifts** — a fixed sum of money: "£5,000 to my sister".
- **Residuary gifts** — a share of everything left after debts, taxes and other gifts; usually the bulk of the estate. See [what the residuary estate is](/what-is-a-residuary-estate/).
- **Substitute gifts** — the backup plan: "but if she dies before me, to her children equally".

## What is the difference between a beneficiary, executor and witness?

Three roles people constantly confuse:

- A beneficiary **can** also be your [executor](/what-is-an-executor/) — very common, and perfectly legal.
- A beneficiary — or their spouse or civil partner — **must not witness** the will; the gift becomes void under s.15 of the Wills Act 1837. See [who can witness a will](/who-can-witness-a-will/).
- Beneficiaries do not need to sign anything, or even know about the will during your lifetime — though telling the main ones is usually wise.

## How should you name beneficiaries in a will?

Clear full names, sensible substitutes, and a residuary clause that catches everything
 else — that is most of good beneficiary drafting. You can
 [make your will in about 15 minutes](/start/) with SwiftWill: one-time £35,
 free updates for life.

## Frequently asked questions

### Can a beneficiary also be my executor?

Yes — very commonly. Your main beneficiary, often a spouse or adult child, can absolutely administer the estate they inherit from. The only thing they must not do is witness the will.

### Can a beneficiary witness my will?

No. If a beneficiary — or their spouse or civil partner — witnesses the will, their gift becomes void under s.15 of the Wills Act 1837, even though the will itself stays valid.

### What happens if a beneficiary dies before me?

Their gift lapses. If you named a substitute, the substitute takes it; without one, the gift usually falls into the residue of the estate. Naming substitutes for every major gift is the fix.

### Can children be beneficiaries?

Yes. Children can inherit at any age, but they cannot take legal control until 18 — until then their share is held by trustees, who you can name in the will.

### Can an organisation be a beneficiary?

Yes — charities are common beneficiaries, and gifts to UK-registered charities are exempt from inheritance tax. Always use the organisation's full registered name and, for charities, the charity number.

Canonical HTML: https://swiftwill.co.uk/what-is-a-beneficiary/
Markdown: https://swiftwill.co.uk/what-is-a-beneficiary.md
Last modified: 2026-08-12
Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)