Key Article Points

·  Pre-grant rights: Only appointed executors have a strict legal right to inspect a will before a Grant of Probate is issued.

·  Public access: Once probate is granted, wills become public records that anyone can order and view online through GOV.UK.

·  Challenging circumstances: If you suspect issues with a will’s validity before probate, you can issue a formal Larke v Nugus request to the drafting solicitor for background notes.

Just because you believe you are a beneficiary of someone’s will, it does not automatically give you the legal right to view a copy of the document, explains Karen Starkey, Head of Private Client matters at KWW Solicitors of East Molesey. The only individuals strictly entitled to inspect a will and read its contents prior to probate are the appointed executors.

While an executor may choose to share a copy voluntarily with a family member or close friend, they are under no binding legal obligation to do so. However, if you are left in the dark, English law provides several formal avenues to establish your position and track down the paperwork.

Before the Grant of Probate

Executors carry a strict fiduciary duty to collect a deceased person’s assets, settle outstanding liabilities, and distribute the remaining estate in accordance with the terms of the will. In most circumstances, they must first secure a Grant of Probate, which is the official legal document providing them with the administrative authority to deal with the estate.

Before this grant is issued, interested parties can lodge a standing search through the Probate Registry. This formal measure ensures that you are sent a copy of the grant and the will automatically once the probate application is successfully processed, avoiding the need for repeated manual checks. A standing search remains active for six months and can be renewed if necessary.

After the Grant of Probate

Once a grant of probate has been formally issued, the status of the document changes significantly. Because wills and grants are lodged publicly with the Probate Registry upon application, they become public records.

Anyone can search for and obtain a copy of a grant and its accompanying will online via the official GOV.UK portal. Probate records and historical copies can be ordered efficiently online, making post-grant disclosure much more straightforward for estranged family members or curious beneficiaries.

Investigating concerns: The Larke v Nugus request

If probate has not yet been applied for, or if you hold serious concerns regarding the validity of a will or the circumstances surrounding its execution, beneficiaries can issue a formal enquiry known as a Larke v Nugus request.

Rooted in established case law, this formal letter is typically sent to the solicitor or professional who drafted the will. In response, the will-writer is expected to provide a comprehensive breakdown of the background, alongside file notes, attendance records, and correspondence with the testator. This disclosure is often vital in helping potential beneficiaries decide whether a formal legal challenge against the will’s validity is justified.

Court intervention and the Probate Registry

As a final formal resort, if executors or professionals refuse voluntary disclosure without good reason, an application can be made to the court or Probate Registry under specialised procedural rules, such as a subpoena or rule-based application requiring a holder to bring a will into the registry.

Such applications must be supported by formal evidence detailing why the order is necessary and what reasonable steps have already been taken to secure the document voluntarily.

IMPORTANT: This article is for general background only and is not intended as formal legal advice. For tailored guidance on drafting your own provisions, administering an estate, or resolving inheritance disputes, contact Karen Starkey and the private client team at KWW Solicitors in East Molesey.