In England and Wales, the right to peruse a Will is contingent on whether probate has been granted. Only the executors named in the will are permitted to peruse the will prior to the issuance of the grant of probate. After the grant of probate has been issued, the will becomes a public document, and anyone may petition the Probate Registry for a copy.
If no application for probate has been made and the will has not been submitted to the Probate Registry, the will will not become a public document.
The executor has the legal right to peruse the will.
When dealing with the estate of a deceased person, it is essential that all parties understand their position in relation to the will.
The executor is the individual named in the will to administer the deceased person’s estate (all of their assets).
The executor must carry out a number of crucial responsibilities. One of these responsibilities is to notify beneficiaries of:
- The decedent’s passing
- The appointment of an executor
- What they have the right to inherit
Who else can read the will?
Only the executors named in the will have the authority to read the will before probate is granted. If anyone else requests to see the will, the person or organisation maintaining it (such as a bank or attorney) should not display it to them or offer a copy unless all designated executors give consent.
The will becomes a public document once the grant of probate is issued. Anyone can thereafter receive a copy by submitting an application and paying the required cost to the Probate Registry.
It is vital to note that only the most recent will and testament submitted to the Probate Registry will be made public. Any earlier will or testament that the individual has written will be kept private.
Furthermore, if a grant of probate is not required, the will remains secret; however, the executor is usually required to present the will to the beneficiaries. If probate is not required, the will is normally not seen by anyone who is not specified in the will.
Whether or not probate is required is determined by what the deceased owned at the time of death. Small estates with no property and less than a specific value may be eligible to be distributed without the need for probate.
If probate is required, the executor may be unable to begin dealing with assets held by institutions (such as banks, building societies, and share registrars) until the grant of probate is obtained.
Is it possible for a beneficiary to request a copy of the will?
There is no legal duty for an executor to divulge a will or its contents to anyone who requests it. A beneficiary, on the other hand, has the right to request a copy of the will.
If a beneficiary requests to see the will and the executor refuses, they might hire a solicitor to submit a formal request.
What should you do if the requests are ignored?
If the executor refuses these requests, another alternative is to file a court application to compel the executor to obtain probate, at which point the will becomes public. This doesn’t happen very often and is usually only used as a last resort.
