Wills Q

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Mon 19 Aug 2013 19:17
Wills Q - tdc

Could someone please point me in the right direction to a credible online source, which will confirm or dismiss my hope, that in the UK,as is the case in another Western country, a copy of the deceased`s will can be requested by next of kin before it is formally read?

Thanks.

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Mon 19 Aug 2013 20:13
Wills Q - FP

Interesting question.

I'm not a lawyer, but...

Surely the first issue is where the will is being kept. If it's in private hands the release of it will be entirely within the discretion of whoever's got it, though I would assume the law allows an executor to see it, as in the situation below.

If the will has been deposited with a solicitor, the following applies: "Bear in mind that wills are not public documents until probate has been granted. Until then, only the executors are entitled to see it. A solicitor or the probate registry will not provide the will to you if you are not named in it as an executor." (from tinyurl.com/dxpowma)

There are provisions in law, it seems, to get executors to act within a reasonable time if they are dragging their feet.

If this is a practical situation you're facing, and you are an executor trying to access a will in private hands maybe you should seek further, professional, advice. However, it doesn't seem likely that a family member who's not an executor would have any rights in this respect. On the other hand, if you are concerned about the legitimacy of a will you should definitely seek the advice of a solicitor, with a view to contesting it, which you can do after probate has been granted and the will becomes public.

Edited by FP on 19/08/2013 at 20:15

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Tue 20 Aug 2013 00:00
Wills Q - Bromptonaut

Not sure what you mean by formally read - the reading of the will after the funeral is US/Hollywood fiction and bears no realtionship to process in England and Wales (Scotland and NI may be different)

While the maker of the will is alive its terms are, subject to exclusions such as Statutory Wills for those without Mental Capacity, a matter of confidence to the testator. If I make a will to leave my entire estate to a cycling charity then, all things equal, during my lifetime thats nobody's concern but mine.

Once I've snuffed it then there are means to challenge the will - for example on grounds of my mental capacity or failure to provide for family and dependants.

The executors will have to apply to the court for probate and they can be challenged by means of entering a caveat or otherwise.

If you have specific concerns then a google for Probate Helpline should give you a number for the Court Service's information number. They won't give case specific advice but will point you to process in cases where, for example, you doubt validity of a will.

Edited by Bromptonaut on 20/08/2013 at 00:04

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Wed 28 Aug 2013 21:45
Wills Q - Leif

It is normal to send a copy of the will to anyone who inherits a substantial sum, once probate is granted. If it is family, then just contact the executor(s) and request a copy. Unfortunately when large sums of money are involved, some people become paranoid, or jealous. My sister told me I was not used to sharing when I acted as executor for our late mother, and I did not let her take a share in the duties. I thought it proper to carry out our late mother's wish, that I act as sole excutor, but share information about the progress.

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