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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7433
Experience:  BA (Hons), PgDip, Practising Solicitor
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Who has the right to see a deceased person's will?

Resolved Question:

Who has a right to see a deceased person's will in the UK?

Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Are you the beneficiary by any chance?

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

Customer: replied 5 years ago.

My concern is 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 not 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 amended.

Expert:  Thomas replied 5 years ago.

Generally there is a right 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, 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 become a public document once the grant of probate has been obtained so there is little reason executor not to show it.

If no grant has been obtained you should make a "standing search" of the calendar, 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:-

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:-

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