QLD Can Executor of Will Change the Beneficiaries?

[A. Beneficiary]

If a spouse is the sole executor of will and beneficiary of their partners' will, can they add other beneficiaries at the time of their partner's death? For example - include their biological children as beneficiaries. If so, is the benefit to the children classed as a direct share of the estate, or a gift by the remaining spouse - particularly for Centrelink purposes?

 

[Sophea]

Hi A. Beneficiary,

No an executor cannot change the terms of the will. They must administer the estate in accordance with what the deceased dictates in their will. Any further distribution by the executor would be deemed a gift from the beneficiary.