In probate, a common concern is whether an executor of a will or trustee of a trust can exclude a beneficiary from receiving their share. This worry is especially valid for beneficiaries who fear they might have been unfairly left out.
Trustees Cannot Exclude Beneficiaries Arbitrarily
Neither the executor of a will nor a trustee of a trust has the authority to unilaterally exclude a beneficiary. If a person is named as a beneficiary in a will or trust, they are legally entitled to what was left to them. The person who created the will or trust (the testator or settlor) has expressed their wishes through these documents, and the executor or trustee is legally bound to honor those wishes.
Executors and trustees have a fiduciary duty to administer the estate or trust according to the terms set out in the relevant legal instruments (documents). They cannot decide on their own to withhold or redirect a beneficiary’s inheritance based on personal feelings or preferences. Doing so would be a violation of their fiduciary responsibilities.
That doesn’t mean they can’t exclude a beneficiary for cause. There are times in which conditions are applied to a distribution. In other instances, morality clause or other language allows for an exclusion based on the behavior and status of the beneficiary.
If you’re a beneficiary and have concerns about not receiving what you’re entitled to, it’s important to seek legal advice. A probate attorney familiar with estate law can review the will or trust documents and advise you on your rights and options. They can also help ensure that the executor or trustee is fulfilling their legal obligations.