Who is entitled to see a Will after death?

Who is entitled to see a Will after death UK?

In England and Wales, entitlement to see somebody’s Will following their death depends on whether probate has been granted. A grant of probate is a legal document applied for by the executors named in the Will. Once granted, it gives them the authority to carry out the deceased person’s wishes in the Will.

Before probate, the named executors are the only people entitled to see the Will. After probate, a Will becomes a public document, and anyone can apply to the Probate Registry for a copy, whether or not they have a connection to the deceased or their estate.

However, if all the named executors agree, they can allow a non-executor’s request to see the Will before probate. And in practice, executors often notify a residuary beneficiary of their inheritance at an early stage. A residuary beneficiary receives the ‘residue’ of the estate, i.e. everything left after distributing specific gifts in the Will.

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Do previous Wills become public documents?

Only the Will provided to the Probate Registry becomes a public document. All previous Wills, i.e. superseded ones, remain private.

What happens if probate is not required?

Sometimes, probate is not required. In such cases, the Will remains private, although the executors usually show the beneficiaries, but not others.

What can a beneficiary do if the executors refuse to disclose a copy of the Will?

Strictly speaking, disclosing the Will to the beneficiaries is optional if probate is not required. However, in this situation, somebody who knows or believes they are a beneficiary can formally request a copy from the executors in writing. Should the executors ignore or refuse their request, the beneficiary can apply to the court for an order compelling the executors to apply for probate. Doing so will make the Will public. However, a beneficiary should exercise caution before taking this step because applying to the court can prove expensive, and there is no guarantee that the court will make the order requested.

Can a solicitor provide a copy of a Will to an attorney of an incapacitated beneficiary?

Unless a solicitor has cause for concern, they may disclose a copy of a Will to the attorney. But they should first check the Lasting Power of Attorney to ensure there are no instructions to the contrary.

I think I might be an executor. How do I obtain the Will?

It is always good practice to ask somebody if they would be happy to be your executor or one of your executors. Not only can the role prove onerous, but executors also carry personal and unlimited liability to the beneficiaries. An executor is not obliged to accept their appointment, and people sometimes decline. Of course, it is always better to know their reluctance before naming them in your Will.

Often, a solicitor holds the original Will. If you believe you are an executor, hopefully, you will have been told which solicitor holds the Will. Generally, to obtain the Will, you must produce the original Death Certificate and two forms of personal documentation confirming your identity and address to the solicitor.