Who is entitled to see a Will?

Melissa Duncan, specialist solicitor for challenging Wills, discusses when a Will can be viewed and by whom.

Wills are a vital part of estate planning, offering individuals the opportunity to ensure that their estate is distributed in line with their wishes. Whilst inheritance and Wills may be frequently discussed amongst families, not everyone is entitled to see someone else’s Will.

Who can see a Will before death?

No one is entitled to see your Will during your lifetime. Your Will is confidential to you, and any solicitor who is holding it on your behalf will not disclose it to anyone without your consent. You may wish to notify individuals if you have appointed them as executors or trustees so that this does not come as a surprise to them upon your death. You may also wish to inform family members whether they will benefit from your estate. You are not, however, obliged to do either. Every family is different and ultimately, it is down to you who you wish to disclose your Will to, and you are entitled to keep it confidential to you if you wish.

Who can see a Will after death?

Confidentiality of your Will continues beyond your death. There is a requirement for Your Will to be disclosed to any named executors as they will need to see it in order to administer your estate correctly. Until a Grant of Probate is issued, your Will remains a private document, and no one is legally entitled to see a copy. Up until this point, it is at the discretion of the executor(s) whether they inform people whether they are named as a beneficiary or not. Depending on the family, it may be a good idea for an executor to disclose the contents of the Will prior to a Grant of Probate being issued to maintain transparency and trust. However, every family is different, and this decision lies with the executor(s).

Once a Grant of Probate is issued, the Will becomes a public document and anyone can obtain a copy of the Will from the Probate Registry to view its contents. An individual’s Will is not always accessible to the public however this only occurs under incredibly limited circumstances; the public typically cannot view Wills of the Royal Family for example.

How to locate a Will

Until a Grant of Probate is issued, many may find themselves in a situation where they either cannot locate a Will or, if there is one, do not know whether they are a named beneficiary under the same. This may be because no one is sure whether the deceased prepared a Will, or because an executor (or any other family member in possession of the Will) refuses to communicate and/or disclose the Will. So, what can be done in this situation?

If a Grant of Probate has yet to be issued, you can explore the option of requesting a Will Search with The National Will Register, or you may wish to write to the executor/individual in possession of the Will to open lines of communication. There are protective steps you can take to freeze the administration of the estate whilst you are inquiring about the existence of any Will.
If a Grant of Probate has been issued, you can obtain a copy of the Will from the Probate Registry to view its contents. Our Specialist Inheritance Disputes Team can help you at any stage.

Families can find themselves in conflict upon a loved one’s passing for various reasons. We frequently have families come to us for help where there is distrust or hostility between family members. If you find yourself in a situation where you do not know whether a Will exists, an executor is not fulfilling their obligations, you are concerned that the estate is not being administered correctly, or if you feel that a Will does not reflect the deceased’s wishes, then Holmes & Hills specialist contentious probate solicitors can help you.