What Does it Mean to be the Beneficiary of a Will?

When someone passes away, they may leave behind a will that dictates how the property and assets in the deceased person's estate should be distributed. If you are the beneficiary of a will, you are entitled to receive some or all of the deceased person’s property.

It is important to understand your rights and responsibilities as a beneficiary.

This blog post will provide an overview of what it means to be the beneficiary and what you can expect during the estate settlement process.

What is a beneficiary of a will?

A will is a legal document that outlines an individual’s wishes for how their property and estate assets, collectively known as the deceased person's property, should be distributed after their death. The beneficiary is the individual or entity who will receive these assets.

Beneficiary is the financial term for a person qualified to receive distributions from a trust, will, or life insurance policy. The beneficiary or  beneficiaries named in your will are those to whom you choose to leave your property and belongings after your death.

Different types of assets can be included in a will, such as:

• Real estate
• Personal property
• Investments
• Cash
• Insurance policies

The beneficiary typically has no legal obligation to the estate and does not have to pay any taxes on the assets they inherit. However, an executor who ensures that the wishes in the will are carried out correctly has a few extra responsibilities. It is important to note that if the beneficiary is also the executor of the will, they may be responsible for some administrative tasks associated with settling the estate.

If you are named as the beneficiary, it is important to review the will carefully to ensure you understand your rights and responsibilities. You may also want to consult with an attorney to discuss any questions or concerns.

Who can be named a beneficiary?

Have you ever considered who can be named a beneficiary in a will? As a beneficiary, you can name your spouse, children, dependents, another family member, a friend, or a charity. If you name more than one beneficiary, the death benefit will be divided among them.

The distribution of estate assets to beneficiaries typically occurs after the deceased person's death, following the legal procedures outlined in the will, which the estate trustee manages.

Individuals can name anyone they want as the beneficiary of their will. However, there are some exceptions to this rule. For example, minors cannot legally inherit property, so a guardian must be appointed to manage the assets on their behalf until they reach adulthood.

It is also important to note that beneficiaries are not required to accept the inheritance they are entitled to. If a beneficiary does not want to inherit the property, they can renounce their inheritance.

Here are a few examples of who can be named as a beneficiary:

A spouse: In many cases, spouses are the primary beneficiary.

A child: Parents can name one or more of their children as beneficiaries of their will.

A grandchild: Grandparents can name their grandchildren as beneficiaries.

A sibling: Siblings can be named as beneficiaries in a will.

A friend or other relative: Wills can name just about anyone as a beneficiary, including friends and other relatives.

A charity: It is also possible to name a charity as the beneficiary.

How do you become a beneficiary?

To become a beneficiary, you must be named in the will. The individual creating the will (the testator) must include your name and indicate what assets you will inherit.

Types of beneficiaries

There are three main types of beneficiaries: primary, contingent, and residual.

A primary beneficiary is the individual or entity who receives the estate assets from the estate if they are still alive when the will is executed. If the main beneficiary dies before the will is executed, their share of the assets would go to the dependent beneficiary.

A contingent beneficiary is an individual or entity who will only receive their share of the assets if the primary beneficiary dies when the will is executed. Contingent beneficiaries are crucial in estate planning to ensure that assets are distributed according to the deceased's wishes if the main beneficiary cannot fulfill their role. The selection of contingent beneficiaries should be done carefully, considering the implications of irrevocable versus revocable beneficiary designations.

A residual beneficiary is an individual or entity who receives all of the assets that are not specifically assigned to another beneficiary in the will, as distributed by the estate trustee. In your will, you can specify that the beneficiary will receive a percentage of your residuary estate or the entire residual estate. You can even have multiple residual beneficiaries.

What are the benefits of being the beneficiary?

There are a few key benefits of being the beneficiary of a will, such as:

• You have the right to inherit the assets designated for you.
• You do not have to pay any taxes on the inherited assets.
• You can renounce your inheritance if you do not want to receive it.

Being the beneficiary can be a great honour, especially if the assets are significant. However, it is important to remember that with this honour comes great responsibility, including cooperating with the estate trustee to ensure the proper execution of the will.

What are the responsibilities of being a beneficiary of a will?

If you have been named as the beneficiary, it is important to review the document carefully to ensure that you understand all of your rights and responsibilities.

Some key things to keep in mind are:

• You are not required to pay taxes on the assets you inherit. Any owed taxes are usually paid by the estate itself.
• You may be responsible for some administrative tasks associated with settling the estate.
• You have the right to review the will and seek legal counsel if you have questions or concerns.

Your responsibilities also depend on whether you are also the executor of the will. If you are not the executor, your role is typically limited to receiving the assets that have been left to you.

However, if the beneficiary is also the executor, you may be responsible for some administrative tasks associated with settling the estate.

These tasks include:

• Filing the necessary paperwork with the court
• Notifying creditors of the individual’s death
• Paying off any debts or taxes owed by the estate
• Distributing assets to the beneficiary

Beneficiary vs. Heir

It is important to note that the beneficiary of a will is not the same thing as an heir.

An heir is someone who inherits assets through intestate succession, which is the process that dictates how property is distributed if someone dies without a will. A beneficiary is someone who is named in a will or trust to inherit property.

What are some common issues beneficiary’s face?

One of the most common issues beneficiaries face is not being able to access the inherited assets in a timely manner.

This can be due to a number of factors, such as:

• The executor of the estate is taking their time distributing the assets.
• The beneficiary is named in a trust, often taking longer to settle.
• There are disputes among the beneficiaries or between the beneficiary and the executor.
• The financial institution holding the assets may have specific requirements or delays in releasing the funds to the beneficiaries.

If you are facing any of these issues, seek legal counsel to ensure that your rights are protected and that you receive the assets you are entitled to.

What if I don’t want to be a beneficiary?

You can renounce your inheritance if you have been named as a beneficiary but do not want to inherit the assets. Renouncing your inheritance means giving up your right to receive the assets; someone else will be named in their place.

If you decide to renounce your inheritance, you must do so in writing, and a solicitor or justice of the peace must witness it. You should also keep a copy of the renunciation for your records.

Renouncing your inheritance is a serious decision and should not be made lightly. If you are considering renouncing your inheritance, it is important to seek legal counsel to ensure you understand your rights and responsibilities.

When does a beneficiary get notified of their inheritance?

A beneficiary should be notified of their inheritance as soon as possible after the will is executed. In most cases, the estate executor is responsible for contacting the beneficiary and informing them of their inheritance.

That being said, there are some instances where the beneficiary may not be notified until after the estate has been settled. For example, if the beneficiary is named in a trust, they may not be notified until the trust has been settled.

If you are a beneficiary and have not been notified of your inheritance, it is important to contact the estate executor, the individual's lawyer, or the financial institution managing the assets to find out more information.

How long does it take to receive shares of an estate?

The time it takes to receive your share of an estate depends on a number of factors, including:

• The size and complexity of the estate.
• Whether the beneficiary is named in a trust.
• Whether there are any disputes among the beneficiaries or between the beneficiary and the executor.

If you have been named as the beneficiary, it is important to be patient and understand that the process can take some time.

What are some tips for beneficiaries?

If you have been named as the beneficiary, there are a few things you can do to protect your interests and ensure that the process goes smoothly:

• Review the will carefully and consult an attorney with any questions or concerns.
• Keep communication open with the executor of the estate and other beneficiaries.
• Be patient, as the distribution of assets can often take time.
• Seek legal help if you are having trouble accessing inherited assets.

Being named the beneficiary can be a complex process, but understanding your rights and responsibilities is key to ensuring everything goes smoothly. With careful planning and communication, you can ensure you receive the assets you are entitled to in a timely manner.

What if the primary beneficiary dies before the estate is settled?

If the beneficiary passes away before the estate is settled or before the person who made the will passes, their share of the assets will typically go to their heirs.

If the deceased owned real property, handling these assets may require additional legal procedures, especially if the beneficiary passes before the estate is settled.

Heirs are defined as the legal successors of a deceased person, typically determined by provincial law.

If you have been named as the beneficiary in a will or a term life insurance policy and are worried about what will happen to your share of the assets if you pass away before the estate is settled, you should consult with an attorney to discuss your options.

What happens if the assets no longer exists when the beneficiary tries to claim them?

If an asset that was left to a beneficiary in a will no longer exists when they try to claim it, there are a few possible outcomes:

• The beneficiary may receive a different asset of equal value from the estate.
• The beneficiary may receive a cash payout from the estate.
• The beneficiary may receive nothing from the estate.

The outcome will depend on a number of factors, such as where the will was created and the specific language of the will. If you are named as a beneficiary in a will or term life insurance policy and are concerned about what will happen if the asset you are supposed to receive no longer exists, you should consult with an attorney to discuss your options.

What happens if there is no beneficiary named in a will?

If no beneficiary is named in a will, the assets will be distributed according to the intestacy laws. This means the assets will go to the individual's next of kin, such as their spouse or children.

Can you be removed as a beneficiary?

Yes, you can be removed as a beneficiary if the testator (who made the will) revokes your designation in the document. The testator may also choose to amend the will to remove you as a beneficiary.

If you have been removed as a beneficiary, you do not have any legal right to the assets that were designated for you. However, you may be able to contest the will if you believe that it was done in error.

How do you change or update your beneficiaries?

You must amend your will if you need to change or update your beneficiaries. This can be done by adding a codicil, an amendment to a will that alters, adds, or revokes provisions.

It is important to note that beneficiary designations take precedence over wills, so if you have named a beneficiary for a specific asset (such as a life insurance policy), that designation will override any instructions in your will.

Conclusion

Being a beneficiary of a will can be a great honour, but it can also come with many responsibilities. If you are named as a beneficiary, it is important to know what this means for you and how to go about fulfilling your role.

There are many things to consider when you become the beneficiary of someone's estate, such as taxes, distribution of assets, and more. 

If you still have questions or need help navigating through the process, please don't hesitate to reach out to us for assistance.

Frequently Asked Questions (FAQs)

Can a minor be the beneficiary of a will?

Yes, a minor can be the beneficiary. However, the estate assets left to them will usually be placed in a trust until they reach the age of majority.

What is a contingent beneficiary?

A secondary beneficiary inherits property if the primary beneficiary dies before settling the estate. They are also known as a contingent beneficiary.

What is an estate trustee?

An estate trustee is someone who is responsible for managing and distributing the financial assets of a deceased person's estate. They are also known as an executor or administrator.