What is a Beneficiary?
A beneficiary is any individual or organisation named in a Will (or entitled under intestacy) to receive part of the deceased’s estate.
Key characteristics of a Beneficiary
- Can be a person, charity, trust, or other legal entity.
- Can receive specific gifts (e.g. jewellery, money), residuary shares, or conditional gifts.
When naming beneficiaries, always confirm:
- Full legal names of beneficiaries.
- Relationship to the testator.
- Age of the beneficiary.
- Registered name or charity number (for organisations).
Minors as Beneficiaries
Children under the age of 18 can be named as beneficiaries. However, they cannot legal receive their inheritance outright. Any gift to a minor must be held in trust until they reach the age of entitlement (usually 18, 21, or 25).
When there is a minor beneficiary, a minimum of 2 executors must be appointed to protect their interests.
Who or what can't be a Beneficiary?
While most individuals and organisations can be named as beneficiaries, there are certain legal and practical restrictions to be aware of:
- Pets and animals: A gift cannot be left directly to a pet, as they are not legal persons. However, a testator can:
- Leave money to a person on trust to care for the pet.
- Leave a conditional gift ("£5,000 to John if he takes my dog").
- Informal groups or unregistered organisations: A group that has no legal status e.g. "my local walking club" cannot receive a gift directly.
- Unidentifiable beneficiaries: If a beneficiary cannot be clearly identified, the gift may fail. For example:
- "To my best friend"
- "To my favourite charity"
- Witnesses to the will: A person who witnesses the signing of a will, or their spouse or civil partner, cannot receive any gift under that will. The gift is rendered void, but the rest of the will remains valid.