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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Who has a right to see a deceased persons will UK.

Resolved Question:

Who has a right to see a deceased person's will? UK.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.
Hi

Are you the beneficiary by any chance?

Who is the executor and who are they not showing it too?

Tom
Customer: replied 3 years ago.

Apologies for delay.

My concern is for my younger sister. She was very close to the deceased (Uncle Ken, our late father's, late sister's husband). She was told numerous times, clearly and directly by Uncle Ken, while he was still fit and well in the weeks before he died, that he had remembered her in his Will, and that she would be taken good care of.

The Funeral was a week last Tuesday. The Executor is one of Ken's brothers, but unfortunately, I have no reason to be trusting of him.

I had always assumed the Executor had a duty to inform any beneficiaries promptly. But so far, my sister has received no news nor mention of the Will.

I am therefore very worried that the Will may have been altered at the death-bed and that my sister may not receive the inheritance she expects, deserves and is depending on.

Do we have any right to ask to see the Will? To know the date it was written and/or ammended.

Expert:  Thomas replied 3 years ago.

Hi.

 

 

Generally there is a right for a beneficiary to see (or be informed of the main points of) a Will of the deceased but it the executor decision as to whether to show the Will. Though there may be some circumstances in which the executors postpone, for example where the beneficiary is to inherit subject to surviving 28 days from the date of death then they will likely wait until the 28 day period has expired.

 

In the end the Will will become a public document once the grant of probate has been obtained so there is little reason for the executor not to show it.

 

If no grant has been obtained you should make a "standing search" of the calender, which will notify you and send you a copy of the grant if one is take out within 6 months of the date of the search:-

https://www.hmcourts-service.gov.uk/cms/1211.htm

 

If you have grave concerns about legitimacy of any Will executed on his deathbed then you should see a solicitor immediately about the possibility of entering a caveat so that there is time to dispute/resolve the matter. Info here:-

http://www.hmcourts-service.gov.uk/cms/1186.htm#circumstances

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Customer: replied 3 years ago.

Thanks for your help.

Are follow-up questions inclusive or at additional cost?

 

Expert:  Thomas replied 3 years ago.

You haven't click accept yet.

 

Your money is held by the website, it only transfer to me when you click accept.

 

You can ask follow up questions on this thread and I will answer them. You do not have to click accept to the my follow up answer (unless you wish to!) but I should be grateful if you could click accept to my earlier answer.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
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