Originally published: January 18, 2016 | Last updated: February 19, 2026
TL;DR: A beneficiary is any person or organization named in your Will to receive assets from your estate. Family members, friends, children, and charities can all be beneficiaries ; regardless of where they live in the world. However, animals cannot directly be beneficiaries, and witnesses to the signing of your Will cannot be beneficiaries. A spouse and minor children generally must be provided for. If you die without a Will, only immediate relatives inherit and the government determines the split.
What Types of Bequests Can You Include in a Will?
The legal term for a property transfer which you describe in your Will becomes a bequest. There are three types:
| Bequest Type | Description | Example |
|---|---|---|
| Fixed sum of money (pecuniary legacy) | A specific dollar/pound amount paid from the estate | Leave $5,000 to a friend |
| Specific item or property | A named possession transferred to a beneficiary. If you no longer own it at death, the bequest is “adeemed” (void). | Leave your Porsche to your nephew |
| Percentage of residual estate | A share of everything remaining after debts, taxes, expenses, and specific gifts are paid | Divide residual estate equally among three children |
Who Can Be a Beneficiary?
Family members ; anywhere in the world
There is no geographic restriction. An expat can name a family member in any country as a beneficiary. The executor must find these people to deliver their inherited assets.
Children ; including minors
Children of any age can be beneficiaries. The law prevents minors from receiving inheritance money so you need to create a testamentary trust through your Will which explains when they should get their inheritance (e.g., one-third at 21, one-third at 25, the remainder at 30).
Friends
The law allows beneficiaries to exist outside of family connections. Your Will exists to let you show how your friends made an impact on your personal experiences. You must provide their complete name and relationship to you instead of using the generic term “my friend Bob.”
Charities and organizations ; anywhere in the world
Charities, churches, schools, community groups, and scholarships can all be beneficiaries. People give their donations through planned giving which people call legacy giving. ExpatLegalWills.com specifically prompts you to consider charitable bequests.
Who Cannot Be a Beneficiary?
Animals
The legal system treats pets as physical assets which block them from owning any property themselves. The legal system now allows pet trusts which direct trust funds to support animal care because multiple regions have adopted this practice.
A witness to the signing of the Will
This is the most critical rule. A witness to your Will cannot benefit in any way from its contents. Most jurisdictions also disqualify the spouse of a witness from being a beneficiary. The witness would lose their inheritance but the entire Will could become invalid.
Illegal beneficiaries
The law stops you from giving terrorist groups any money through your will while you must also avoid including illegal provisions and hate speech promotion in your documents. Courts have overturned Wills found to violate anti-discrimination laws.
Key Takeaway
The slayer rule prohibits inheritance by someone who murders the person from whom they would inherit. The law permits someone to receive benefits even when they have been convicted of crimes which do not connect to the benefits they receive.
Who Must Be a Beneficiary?
Depending on jurisdiction, certain people may have a legal right to claim from your estate:
- Spouse or civil partner; most jurisdictions allow a spouse to challenge a Will that disinherits them
Minor children; generally protected by law from being completely excluded
Adult children; increasingly, courts are granting adult children successful challenges (e.g., UK Inheritance Act claims)
Dependents; anyone who can demonstrate financial dependency on you may have a claim - Minor children ; generally protected by law from being completely excluded
- Adult children ; increasingly, courts are granting adult children successful challenges (e.g., UK Inheritance Act claims)
- Dependents ; anyone who can demonstrate financial dependency on you may have a claim
What Happens If You Die Without a Will?
Without a Will (dying “intestate”), local laws dictate asset distribution:
- Your spouse probably will not receive everything; most jurisdictions split assets between spouse and children
A cash estate value needs to be determined through the sale of all assets before the distribution can use percentage-based methods.
No charities or friends will receive anything
If you have no relatives, everything goes to the government - Everything may need to be sold to establish a cash estate value for percentage-based distribution
- No charities or friends will receive anything
- If you have no relatives, everything goes to the government
Frequently Asked Questions
Can a beneficiary live in a different country?
Yes. There are no geographic restrictions on naming beneficiaries. Your executor must find all beneficiaries to deliver their bequests regardless of their current location.
Can I leave my entire estate to a charity?
Generally yes, but you may be legally required to provide for your spouse and dependents first. If you want to exclude your family members from inheritance rights which will go to charities then you need to get professional legal help for this situation.
What is “ademption”?
Ademption occurs when you leave a specific item in your Will but no longer own that item at the time of your death. The bequest is simply void ; the beneficiary typically does not receive a cash equivalent.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets and has contributed to articles in most leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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