Receiving a copy of a will - residual beneficiary

Tony_Webster

A old friend of the family passed away last summer, and my mother has been informed by the solicitor administering it all that she is the residual beneficiary. I understand this means that she gets whatever's left after other people named in the will get their bequests, meaning she could receive a lot, a little or nothing at all depending on the size of the estate.

However, she is yet to see a copy of the will, and has no idea how many other people may have been named in it or the sums involved. Is it standard practice for all people named in a will to get a copy? She is reluctant to ask the solicitor in case she gets charged an amount greater than the bequest!

Grateful for your thoughts & advice, especially if anyone else has ever been in a similar situation.

kingfisherblue

I would imagine that your mother can apply to see a copy of the will after probate has been granted - aren't wills available for anybody to see at that point? I know that there is a charge, though, but I have no idea how much. I am assuming that you mum would like to see a copy of the will before probate has been granted, though. Could she ask the executor?

meritaten

is there some reason mum wants to know who gets what? after all its just a friend of the family and unless she expected some specific bequest, then there really isnt any reason for her to know the ins and outs of the will.
that sounded a bit sharp - sorry - but WHY would mum want to know who got what? she can certainly find out when the will is published as its a matter of public record.

If mum was a main beneficiary then solicitors often send a copy of the will.

Tony_Webster

I think the solicitor is the executor unfortunately. You're right about knowing ahead of probate - on the one hand, she doesn't want to appear grasping or impatient but on the other, she'd like a better idea of where she fits into it all.

betsie

Yes, the solicitor should give her a copy of the will. She has nothing to be embarressed about, she is entitled to see a copy as she is named in it. My partners nan died recently (he had not seen her for mant years as his father left when he was 6 months old and never saw him again) and he was left a small amount the solicitor contacted him and sent a copy of the will.

meritaten

she could just ask the solicitor if she may have a copy of the will? a polite request costs the price of a stamp - and the solicitor may well send her one.

meritaten

I believe its normally the main beneficiaries who are sent copies of the will - minor bequests etc were just dealt with by a letter followed by a cheque. at least that was the practice at the solicitors I worked for (it kept the admin costs down). but I am sure that a request for a copy of a will by someone named in it would be complied with.

daska

? My understanding is that only the executor's have the right to see the will until Probate is granted - when as pointed out by other posters it becomes a matter of public record. Her best bet is to make a polite request and, if it's refused, be patient.

mountainofdebt

But wouldn't the OP's mum get a set of acounts anyway?

I know the OH did when his dad's estate was being settled.

meritaten

mountainofdebt wrote: »

But wouldn't the OP's mum get a set of acounts anyway?

I know the OH did when his dad's estate was being settled.

Its highly likely that they would if the sum was substantial - but OPs mum wanted to see the will PRIOR to the estate being settled.

its not an unreasonable request - but minor beneficiaries tend not to get copies of the will or the accounts - just the cheques! or at least that was the practice where I worked - and my boss specialised in Wills and some Conveyancing.