Who is entitled to see a Will after death?

Who is entitled to see a Will after death UK?

In England and Wales, who is entitled to see a Will after death depends on whether probate has been granted. A Grant of Probate is a legal document giving the executors authority to carry out the deceased person’s wishes according to their Will’s terms.

Before probate, people named in the Will are the only ones entitled to read the Will. After probate, a Will becomes a public document, and anyone can apply to the Probate Registry for a copy.

You must verify your identity if you believe you are an executor and a solicitor holds the Will. Generally, you should produce the original Death Certificate and two forms of personal documentation confirming your identity and address.

Before probate, only if all the named executors agree should they allow a non-executor’s request for sight of the Will. However, in practice, the executors often notify a residuary beneficiary of their inheritance before the issue of a Grant of Probate. 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 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 do 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. But, a beneficiary should exercise caution before taking this step. That is 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.