Online Wills vs. Traditional Wills: What’s Best?

When it comes to estate planning, there are always questions that families quietly wonder about but don’t always feel comfortable asking. One of the most common is: Can a beneficiary be an executor of a will? The answer is yes—but like many things in estate planning, it’s not always that simple. Understanding how beneficiaries and executors interact, and what inheritance rights really mean, can help ensure that your wishes are carried out fairly and with as little stress as possible for your loved ones.

Who Is a Beneficiary?

Simply put, a beneficiary is someone who inherits from your estate. This could be your partner, children, a close friend, or even a charity you care about. Being a beneficiary isn’t just symbolic—it carries a legal right to receive the assets or gifts you’ve specifically chosen for them. For many families, naming beneficiaries is a deeply personal process, because it reflects the legacy you want to leave behind.

What Does an Executor Do?

On the other hand, an executor has a very different role. They’re responsible for managing the estate after someone passes away. Think of them as the organiser—the person who makes sure everything happens in the way the will intended. Their duties can include:

• Applying for probate, which is the legal confirmation that the will is valid.
• Gathering and protecting assets, from bank accounts to property.
• Paying debts, taxes, and any outstanding obligations of the estate.
• Distributing what remains to the beneficiaries exactly as the will sets out.

It’s a role that comes with responsibility, time, and trust. The executor is, in many ways, the bridge between the wishes of the deceased and the reality of what happens afterwards.

Can a Beneficiary Be an Executor?

Yes, in Australia, it’s not only possible but quite common for a beneficiary to also act as the executor. Often, people appoint their spouse, adult children, or another close relative because these are the people they trust most. After all, beneficiaries usually have the strongest interest in ensuring the estate is handled properly and respectfully.

That said, there can be challenges. If there are several beneficiaries and disagreements arise, an executor who is also set to inherit may be accused of bias or acting in self-interest. This doesn’t mean it’s the wrong choice—it simply highlights the importance of choosing someone who is organised, fair-minded, and able to manage emotions and conflicts with care.

Inheritance Rights and Fairness

Inheritance is about more than legal entitlements—it’s about fairness, clarity, and respect. Australian law allows beneficiaries to challenge a will if they feel excluded or unfairly treated. For this reason, an executor who is also a beneficiary must be particularly careful to act transparently, keeping everyone informed and handling the estate with integrity. Trust and communication are vital to avoiding disputes.

Practical Considerations

• Trust: Choose someone who can rise above personal interest and act fairly for everyone involved.
• Complexity: If your estate involves businesses, multiple properties, or complicated family dynamics, a professional executor such as a solicitor might be the safer option.
• Clarity: The clearer your will is written, the fewer opportunities there are for misunderstandings or disputes.

Final Thoughts

Having a beneficiary serve as an executor can work beautifully when the right person is chosen. It can even feel more meaningful, knowing that someone who benefits from your estate is also entrusted to carry out your wishes. The key is choosing wisely—someone who can balance love, loyalty, and responsibility without losing sight of fairness.

At Funera Sydney, we know estate planning is personal, often emotional, and always important. Whether you’re exploring direct cremation services, drafting a will, or simply learning more about your inheritance rights, we’re here to provide clear guidance and gentle support. Planning today is one of the greatest gifts you can leave your loved ones tomorrow.