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What is a beneficiary of a will?

By SwiftWillUpdated England and Wales

Quick answer

A beneficiary is any person or organisation that receives something under a will: a specific item, a sum of money, or a share of what is left after debts and other gifts. You can name as many beneficiaries as you like and should name a backup for each main gift. A beneficiary should not witness the will, or their gift fails.
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What is a beneficiary of a will?

A beneficiary is anyone who receives something under your will: family, friends, a charity or an organisation. GOV.UK says a will should set out who you want to benefit and what happens if they die before you. People who inherit when there is no will are also sometimes called beneficiaries; that is covered in the intestacy rules.

What kinds of gifts can a beneficiary receive?

Types of gift in a will
TypeExamplePoint to watch
Specific gift"My watch to my nephew Sam"If you no longer own the item when you die, there is nothing to pass on, so review specific gifts regularly.
Cash gift"£5,000 to my sister"Paid before the residue, so it reduces what residuary beneficiaries receive.
Share of the residue"The rest of my estate to my children in equal shares"Usually most of the estate. See what is a residuary estate.
Backup (substitute) gift"If she dies before me, to her children equally"Stops a gift failing if the first beneficiary dies first.

What happens if a beneficiary dies before you?

The gift usually fails, which is called lapse, unless the will names a backup. A failed specific or cash gift normally falls into the residue. There is a statutory exception: if you leave something to your child or grandchild who dies before you leaving children of their own, those children take the gift unless the will says otherwise (Wills Act 1837, section 33). The exception does not cover anyone else, such as siblings, friends or stepchildren.

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

How should you name beneficiaries?

  • Use full names and, where helpful, the relationship and address.
  • For a charity, use its full registered name and charity number.
  • Name stepchildren individually; words such as "my children" are normally read as your own children. See can stepchildren inherit.
  • Name a backup for each main gift, and make sure residue shares add up to 100%.

Gifts to charities are exempt from inheritance tax, and leaving 10% or more of the net estate to charity can reduce the rate on some assets to 36% (GOV.UK). See leaving money to charity in your will.

Sources

Sources checked 24 September 2026.

Frequently asked questions

Can a beneficiary also be my executor?

Yes. A beneficiary, often a spouse or adult child, can also be an executor. They should not be a witness to the will, because a witness's gift fails.

Can a beneficiary witness my will?

They should not. If a beneficiary, or their spouse or civil partner, witnesses the will, the will stays valid but their gift is void under section 15 of the Wills Act 1837.

What happens if a beneficiary dies before me?

Their gift usually fails, or lapses, unless you named a backup. There is one exception: if the gift was to your child or grandchild and they leave children of their own, section 33 of the Wills Act 1837 passes the gift to those children unless the will says otherwise.

Can children be beneficiaries?

Yes. A child can be a beneficiary at any age. Wills usually say that a young beneficiary's share is held on trust by the executors or trustees until they reach a set age, such as 18, 21 or 25, and a guardian can be named for children under 18.

Can a charity be a beneficiary?

Yes. Use the charity's full registered name and charity number. Gifts to charities are free of inheritance tax, and leaving 10% or more of the net estate to charity can reduce the rate on some assets from 40% to 36%.

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Published by SwiftWill. First published ; updated . General information for England and Wales, not legal advice. Sources are linked in the guide; publication is not an individual legal review. Spotted an error? See our corrections log.

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