Yes, absolutely. There is no legal prohibition in England and Wales against a person being both an executor and a beneficiary under the same will. In fact, this is one of the most common arrangements in practice.
Why it is so common:
Many testators appoint their spouse, partner, adult children, or close family members as executors, and those same people are very often the main beneficiaries. It is a perfectly normal and well-recognised arrangement.
Legal position:
An executor has a fiduciary duty to administer the estate properly, honestly, and in the interests of all beneficiaries. The fact that the executor is also a beneficiary does not remove or reduce those duties. The executor must still act impartially and in accordance with the terms of the will, collect in the assets, pay debts and liabilities, and distribute the estate correctly.
Where care is needed:
1. If there is a conflict of interest between the executor's own entitlement and the interests of other beneficiaries, the executor must act fairly and must not prefer their own position over other beneficiaries.
2. If the executor is also a trustee under the will, for example where assets are held on trust for others, stricter rules on self-dealing and conflicts apply. The general rule is that a trustee must not profit from the trust beyond what the will expressly permits.
3. If disputes arise between the executor-beneficiary and other beneficiaries, it can create practical difficulties and may ultimately lead to an application to the court to remove or replace the executor under section 50 of the Administration of Justice Act 1985.
Practical note:
It is good practice, though not a legal requirement, for a testator to appoint at least two executors where the estate is of any complexity, and to consider whether appointing a professional executor or an independent co-executor might reduce the risk of disputes, particularly where the executor-beneficiary has a large personal interest in the estate.
So the short answer is that it is entirely lawful and very common, but the executor must still carry out their duties properly and impartially.
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