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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10593
Experience:  Barrister 17 years experience
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Ronan Can you tell me if an executor has any obligation to

Customer Question

Hi Ronan
Can you tell me if an executor has any obligation to provide a copy of a will to a prior joint beneficiary who has now been excluded entirely in a more recent will? And is there a time limit to challenge this. Incidentally neither I nor the other party - now the main (sole?) beneficiary - or direct family as the deceased has now children and his wife is dead.
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.

1. At the outset, a will is a private document and other parties have no right to obtain a copy of it until after a person dies. Even after a person dies, it is only the residuary legatee who is entitled to be given a copy by the executor. Otherwise, everyone else has to obtain a copy when it is published in the Probate Office after a will has been admitted to probate. Here, where a will has been revoked, none of the potential beneficiaries has any right to obtain a copy of the revoked will. The law just does not give one person a right to pry into the affairs of another person. Additionally, until a person dies, a named executor has no powers in relation to the will. So an executor most certainly could not go round handing out copies of a revoked will, I regret to say. Finally, the law does not give anyone the right to contest a revoked will, I regret to say. It is only the will at the date of death that can be challenged.