Just because you think you are going to be a beneficiary of someone’s will, it doesn’t give you the right to see a copy of it, says Jack Haskew of KWW’s private client team
The only person(s) entitled to see the will and read its contents is/are the appointed executor(s). An executor may choose to provide a family member or close friend with a copy of the will but there is no legal obligation to do so.
There are ways to obtain a copy of the testator’s will, which we set out below.
Before the grant of probate
Executors are duty-bound to collect in a deceased’s assets, pay any liabilities and distribute the estate in accordance with the terms of the will.
In most cases, they must first obtain a grant of probate – the legal document which gives the executors the authority to deal with the deceased’s assets on their behalf.
Prior to the issue of a grant, a standing search can be undertaken. This allows an individual to obtain a copy of the grant once it has been issued, avoiding the need for repeated searches.
A standing search expires after six months but it can be extended for a further six months provided the request is made to the Probate Registry within one month of the expiry date. The fee for each standing search is currently £10.
After the grant of probate
If it has already been issued, an individual can obtain a copy of the grant together with the deceased’s will (as this has to be lodged with the application for a grant). The fee to provide a copy of any probate record is currently £1.50 per copy.
A standing search and request for copy of a probate record can both be carried out online via https://www.gov.uk/search-will-probate.
Larke v Nugus request
If a grant is not applied for, or before any such grant might be obtained, it is possible to send a letter to whoever wrote the will seeking information about the preparation and circumstances surrounding the execution of the will.
A Larke V Nugus letter (it is named after a Court of Appeal case) can be sent by beneficiaries who may have concerns about the contents of the will or its validity.
The will writer should provide a copy of the will together with the background to its preparation. They will usually also provide a copy of their will file including attendance notes of meetings/conversations with the testator and any other communications with them. This is likely to be a major factor in determining whether or not to challenge the validity of the will.
Probate Registry
As a last resort, it is potentially possible for a beneficiary to make an application to the Probate Registry under Section 50(2) of the Non-Contentious Probate Rules 1987 for an order that the executors provide a copy of the will.
The application must be supported by an affidavit explaining why the beneficiary seeks a copy of the will and what steps have already been taken to try to secure a copy by other voluntary means.
If the order is granted, the will should then be delivered up to the Probate Registry who will then decide whether or not to allow the beneficiary to see it.
For more information on making or contesting wills, contact Jack Haskew.
