Can I see a copy of the will.

John_Chip

Hello,

A close family member has passed away suddenly.

The executors of the will are friends of the deceased - not solicitors.

The family are being told they cannot see the will until 'after probate'.

No information on the will is being given.

When can close family members - Mother and siblings - ask to view the will?

Can the exectors only tell benefactors what is in the will?

Can the executors refuse to show the will to the family?

Thank you.

TonyMMM

You can ask whenever you like, but the executors don't have to show the will to anyone - once probate has been granted it becomes a public document and you or anyone else can obtain a copy by paying the statutory fee (£10).

Silvertabby

AFAIK, the Will will be made a public record after probate.

There's nothing to stop the executors from showing you a copy now except their own reluctance.

Is it possible that there are substantial debts to be paid from the estate, meaning there may not be enough money left to pay out to any named beneficiaries? For example, even if the Will says '£5K to little Bobby' if all of the estate has to be used to pay priority debts, then 'little Bobby' won't get a penny.

Linton

After probate the will becomes a public document - anyone can buy a copy. Close family members have no special standing. They can ask to see the will earlier as could anyone else. But there is no requirement that the executors should comply.

securityguy

The general answer is "no". When the will is admitted into probate, it's a public document, and you can pay ten quid and get a copy. Otherwise, the executors don't have to show you anything, and would (for the reasons mentioned above, amongst others) be wise not to.

Yorkshireman99

John_Chip wrote: »

Hello,

A close family member has passed away suddenly.

The executors of the will are friends of the deceased - not solicitors.

The family are being told they cannot see the will until 'after probate'.

No information on the will is being given.

When can close family members - Mother and siblings - ask to view the will?

Can the exectors only tell benefactors what is in the will?

Can the executors refuse to show the will to the family?

Thank you.

Executors have no legal obligation to tell anyone anything in this context. However any reasonable executor would answer questions from close relatives. Of course it is open to anyone to challenge the will by going to court but this is not a cheap option.

John_Chip

Thanks for the info.

So, if property or possessions were / are held in joint ownership with the deceased by siblings there is no way to find out what it says in the will about them if the executors don't want to tell you?

TonyMMM

Property held jointly with someone else would normally go automatically to the surviving person and not form part of the deceased's estate at all, so the will isn't relevant.

Mojisola

John_Chip wrote: »

A close family member has passed away suddenly.

The executors of the will are friends of the deceased

As the deceased chose to name friends as executors rather than family members, perhaps he/she was anticipating problems within the family?

The executors may have been told to keep the family at arm's length until probate has been granted in order to reduce problems.

John Chip - is there is a specific question about jointly owned property - is it 'jointly owned' or owned as 'tenants in common'?

maximumgardener

the family members may (or may not) be beneficiaries named in the will

the deceased may have left all his worldly good to his friend/s & /or the cat & dog home


ask the executor if you are named as a beneficiary??

maximumgardener

its also quite common to receive a letter from solicitors (acting on behalf deceased & executors) if you are a beneficiary in a persons will