Written by: Garbis Kolokossian Losing a loved one is an incredibly difficult time, and the last thing anyone wants to do while grieving is navigate complex legal rules. We’ve brought together the key information you need about being the beneficiary of a will, so you can understand your rights, entitlements, and options with clarity and confidence.
In this February 2026 guide, we explain who can be a beneficiary of a will and the rights beneficiaries have. We also cover common questions, including how to obtain a copy of a will, the role of an executor or administrator, what happens if there is no will, and what occurs if a beneficiary dies shortly after the testator.
What are beneficiaries of a will?
A will sets out how a person wants their assets—known as their estate—to be distributed after their death. The person who makes the will is called the testator, and the individuals or organisations named to receive assets are the beneficiaries.
Beneficiaries may inherit property, money, a share of the estate, or specific items owned by the testator, who is the person that made the will.
Different types of beneficiaries of a will
Depending on their relationship to the deceased and the desires of the testator, beneficiaries of a will can fall into different categories. The most common of these are:
Primary beneficiaries | These are beneficiaries named to receive specific assets, items or properties directly. |
Contingent beneficiaries | A contingent beneficiary is a person named to receive an asset, item, or property should the primary beneficiary be unable to receive it. |
Residuary beneficiaries | A residuary beneficiary is usually entitled to the residuary estate, whatever is left over of the deceased’s estate after their funeral, debts and any other liabilities are paid and settled. |
Key takeaway
Beneficiaries are the people or organisations named in a will to receive part of an estate, whether that’s money, property, a share of the estate, or specific items. Wills often name primary beneficiaries first, with alternative beneficiaries included to ensure the estate is distributed as intended if the original beneficiary cannot receive their entitlement.
What happens if a beneficiary dies soon after the testator?
Sometimes a beneficiary may die shortly after the testator, or may even be named in a will after they have already passed away. This is why many wills include contingent beneficiaries: alternative recipients in case the primary beneficiary cannot inherit.
Under most laws, a beneficiary must survive the testator by at least 30 days to receive any gifts or legacies from the will. If they do not, their entitlement is treated as if they predeceased the testator.
If a beneficiary dies after this 30-day period, they inherit their share of the estate, which is then usually distributed according to the instructions in their own will.
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What rights does a beneficiary of a will have?
As a beneficiary, you are protected by laws designed to ensure estates are administered fairly and transparently. These rights generally include:
- Being informed of your interest in the estate
- Accessing relevant information about how the estate is being managed
- Receiving your entitlement within a reasonable timeframe.
If there are concerns—such as delays, lack of communication, or suspected executor misconduct—beneficiaries have additional rights. Including the right to:
- request explanations.
- seek formal accounts.
- take legal steps to protect their interests.
- ensure the estate is distributed in accordance with the deceased’s wishes
What is an executor or administrator of a will?
Understanding the role of an executor or administrator can help you better understand your rights as a beneficiary. When someone makes a will, they usually appoint an executor to carry out their wishes. If a person dies without a will, the Supreme Court may appoint an administrator to manage the estate instead.
Executors and administrators have a legal duty to act in accordance with the will and the law. This includes acting in the best interests of the beneficiaries, keeping full and accurate records of the estate, and administering the estate competently and within a reasonable timeframe.
The executor or administrator should keep beneficiaries informed of relevant information, such as:
- Your entitlements in the estate (including assets and liabilities of the estate)
- Matters that affect your distribution of the estate
- Any litigation that affects your entitlements
- A set of estate accounts (usually upon request)
- Any relevant updates or amendments to the will.
How to obtain a copy of the will
The rules for obtaining a copy of the will vary depending on where you live. Before the testator’s death, a beneficiary may not obtain a copy of the will without the testator’s explicit consent.
After the death of the testator, most states and territories in Australia have legislation that allows beneficiaries to request a copy of the will, usually provided by the executor.
This right is outlined in the following legislation:
- The Succession Act 2006 (NSW)
- The Succession Act 1981 (QLD)
- The Wills Act 1997 (VIC)
- The Administration and Probate Act 1929 (ACT)
- The Wills Act 2000 (NT)
- The Wills Act 2008 (TAS)
In South Australia and Western Australia, a copy of the will can only be legally obtained after probate, the court’s legal recognition of the will’s validity:
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Your right to raise a dispute against the executor
If you believe that the executor isn’t doing their job, you have the right to raise a dispute with the executor. If you suspect an executor of misconduct, there are several things you can do to protect yourself and the estate.
1. Document evidence
Record any instance of misconduct, including any delays, failures to communicate or any other dishonest conduct.
2. Request a set of the accounts
You have a right to request a set of accounts for the estate’s assets and liabilities from the executor. These may show any misconduct or poor management of the estate.
3. Seek an experienced lawyer
Executor disputes are complicated and time-consuming; an experienced lawyer can help you navigate the process and ensure that the testator’s will is enacted as they intended and for the benefit of all parties.
Legal precedent
If you think an executor is failing to carry out their duties, you don’t have to accept it. Your lawyers and the courts can intervene to protect beneficiaries’ rights. In Waters v Odell [2023] QDC 44, a Queensland court removed an executor whose conduct fell short of the fiduciary duties owed to beneficiaries, showing that executors can be held accountable when they mismanage estate administration. Executors and administrators must act honestly, impartially and in the best interests of beneficiaries, and serious breaches of these obligations can lead to removal.
Your right to challenge the will
In some circumstances, beneficiaries may be able to contest the will. Every state has different rules for challenging a will but some common grounds include:
- Challenging the will’s validity based on the testamentary capacity of the testator to make or rewrite a will.
- Contesting that the estate has a moral duty to provide for them, but doesn’t make adequate provisions or leaves them out completely.
Due to the complexity of exercising this right, it’s advised to seek out an experienced lawyer to guide you through it and ensure a fair and just outcome is achieved.
Learn more: Contesting a Will in Queensland, Contesting a will in New South Wales, How to contest a will in Victoria, Filing a family provision claim
Can I be a beneficiary if someone dies without a will?
When someone dies without a will, it’s called dying intestate. In these cases, strict legal rules determine who inherits the estate.
Without a will, there is no executor to follow the deceased’s instructions. Instead, the estate is distributed according to intestacy laws, which set out a clear order of who can inherit. You may become a beneficiary if you fall within this hierarchy.
The rules vary slightly between states, but the general order of inheritance is usually:
- Spouse or de facto partner
- Children (including adopted children and, in most states, stepchildren in certain circumstances)
- Parents
- Siblings
- Grandparents
- Aunts, uncles, and cousins
- The state government (only if no relatives can be found).
Learn more: Intestacy rules in NSW
