Can Executor of a Will Also Be a Beneficiary?

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

What To Do When a Sibling Executor Won’t Share The Will

• In England and Wales, an executor can also be a beneficiary.
• It is legal, common, and usually practical.
• Beneficiaries have the right to see the will and receive updates.
• A sibling executor cannot withhold the will or act unfairly.
• You can request the will, check probate, or take legal action if necessary.

 In England and Wales, an executor can also be a beneficiary. In fact, it’s quite common, legally allowed and often practical for the family. Many people choose a close family member to carry out their final wishes, so these two roles of executor and beneficiary can easily overlap. But conflict may arise if an executor, who is also a sibling and beneficiary, refuses to share the will. If a sibling is set to inherit but is refusing to let you see the will or acting unfairly, there are steps you can take.

Such a scenario falls under contentious probate law. We explain below what executors and beneficiaries do and what to do next if you find yourself in a family conflict and unable to see a loved one’s will.

What Is an Executor?

An executor is the person responsible for administering the estate after someone dies. Executors are required to act in the best interest of the estate and safeguard the estate until probate is granted. This means they cannot favour themselves, ignore any other beneficiaries, delay probate or hide information. Essentially, they have strict fiduciary duties which require transparency and fairness for everyone involved.

Their duties can include:

• Locating the will
• Applying for probate
• Valuing assets
• Paying debts and taxes
• Distributing the estate according to the will

What Is a Beneficiary?

A beneficiary is anyone who receives something from the estate. Beneficiaries have the right to be informed, the right to receive their inheritance and the right to challenge an executor if you feel you have cause to do so.

Beneficiaries typically stand to inherit:

• Money
• Property
• Personal possessions
• A share of the estate

Can an Executor Also Be a Beneficiary?

Yes, the law in England and Wales allows it, and many wills appoint beneficiaries as executors because they are trusted family members. This overlap only becomes an issue when conflict arises, often among siblings.

Common examples include:

• A spouse who is both executor and main beneficiary
• Adult children who act jointly as executors and inherit the estate
• Siblings who share the estate and administer it together

Why People Choose Beneficiaries as Executors

Most people choose executors who:

• Know them well
• Understand their wishes
• Are trustworthy
• Are already involved in family matters

When Problems Arise

Issues occur when an executor uses their position to control information or manipulate the administration of the estate. Typical warning signs may include:

• Refusing to show the will
• Delaying probate without explanation
• Selling assets without consulting others
• Favouring themselves or another beneficiary
• Ignoring questions or requests for updates

What Our Data Revealed Over Six Months

We analysed our caller enquiries over a six-month period, with a notable finding being ‘executor secrecy’. This behaviour among executors, who were often also beneficiaries, includes refusing to share the will, or withholding information, or allegedly mismanaging assets, factors which can trigger a will dispute.

(To protect caller confidentiality and comply with data‑handling obligations, we do not publish or discuss individual circumstances.)

Guidance from the UK government states, “You should not make any financial plans or put property on the market until you’ve got probate”. The Law Society also has good guidelines on what an executor may do prior to probate.

Are You Entitled to See the Will?

Yes you are. Once probate is granted, the will becomes a public document. Anyone can download it from the government’s probate registry.

But even before probate, beneficiaries named in the will have a legitimate interest and should be allowed to see it. Executors should not hide or withhold the will and doing so may raise serious concerns about transparency and fairness.

However, you can still see the will even if you’re not named as a beneficiary. Once probate is granted, the will becomes a public document, and anyone can download it from the probate registry. Your sibling cannot block you from accessing it at that stage.

Before probate, you don’t have an automatic right to a copy, but you may have a legitimate interest if you’re a close relative. A sibling executor who refuses to show you the will tends to raise red flags and suspicion, especially if they are also a beneficiary.

What To Do If a Sibling Executor Won’t Let You See the Will

If your sibling is both executor and beneficiary and is refusing to share the will, here are the steps you can take:

1. Ask for a Copy in Writing

Start by sending a clear written request. This creates a record of your attempt and puts pressure on the executor to act properly.

2. Remind Them of Their Legal Duties

Executors must act transparently. Withholding the will by refusing to share it with other beneficiaries breaches their fiduciary obligations.

3. Check Whether Probate Has Been Applied For

Search the government probate database. If probate has been granted, you can download the will instantly.

4. Request Information About the Estate

Beneficiaries are also entitled to reasonable updates and an executor cannot simply ignore you.

5. Raise Concerns Formally

If the executor continues to obstruct you, you can ask a solicitor to write a formal letter. We partner with highly experienced contentious probate solicitors who offer a free, initial consultation.

6. Consider Mediation

Sometimes a neutral mediator can resolve family disputes without escalating to court and a solicitor will be able to help arrange this.

Does Being a Beneficiary Give the Executor More Power?

No, being a beneficiary in a will does not give them extra authority. If they are also an executor, they are required to follow the will exactly as it’s written. They are not allowed to change it, reinterpret it, or distribute assets differently if they are an executor and beneficiary.

Can an Executor Benefit More Than Others?

Only if the will says so. The executor cannot give themselves more than their entitlement. If they try, beneficiaries can challenge them.

Get in Touch With Our Team Today

An executor who is also a beneficiary is normal and legally permitted. But if you have a sibling, or another person, who is refusing to share the will or you believe is acting unfairly, we can help.

We partner with a panel of specialist contentious probate solicitors who can help. They offer a range of fee structures, including ‘No Win, No Fee’ agreements, along with other flexible funding.

If you need some help today, get in touch with us now on 0330 818 0351 or complete our online contact form.