Finding the right person to administer your estate can be challenging. Is it a good idea for one of your beneficiaries to be an executor? What happens if they don’t like your Will – or if their decisions as your executor lead to family rifts? 

This article explores when a beneficiary can be an executor in Queensland and why they might not always be the right choice.

Can a Beneficiary Be an Executor?

A beneficiary – that is, someone who receives gifts or benefits under your Will – can be an executor of your estate, as long as they’re over 18. Keep in mind that, before they can receive a grant of probate from the Supreme Court, the Court must be satisfied that your executor will administer the estate properly. That means you should only choose someone who is reliable, trustworthy, and has decision-making capacity.   

For example, you could leave most of your estate to your spouse and also appoint them as your executor. Beneficiaries are often people close to you, so they’ll probably have a good understanding of your wishes and easy access to your assets.

Appointing a beneficiary as your executor can also make financial sense. Estate administration is time-consuming, and an executor who benefits from your Will is incentivised to complete it as efficiently as possible. Generally, this also means they don’t need extra payment – although they can choose to apply to the Supreme Court for an executor’s commission.

 

What Are the Disadvantages of Beneficiaries as Executors?

A beneficiary isn’t always the right choice for your executor. If your Will isn’t clear, an executor–beneficiary could use their powers to make decisions that benefit them over your other beneficiaries. 

Sometimes, family members and friends can also feel like they haven’t been treated fairly under your Will. That can lead to arguments and legal disputes – which can be stressful for your executor. If you think your Will might lead to tension among your loved ones, it can often be better to appoint a third party who isn’t emotionally involved. 

 

Next Steps

There’s no ‘right’ choice for your executor (or executors). You could appoint a beneficiary, a third party like a solicitor, or a combination of both. It all depends on who you trust, how willing and/or capable they are to take on executorial duties, and what your family dynamics might look like after you pass.

If you’re weighing up multiple options, talk to your succession law solicitor. They’ll be able to draft a clear Will that protects your wishes, as well as walk you through the pros and cons of different executor options.

 

The content of this page is for information only. The content does not constitute legal advice and should not be relied upon as such. You should obtain advice that is specific to your circumstances before taking any action.