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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11450
Experience:  30 years as a practising solicitor.
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Following the sad death of my father, I discovered some issues

Customer Question

Following the sad death of my father, I discovered some issues with which I felt very uncomfortable concerning my dad's will. It was made in hospital whilst my dad was cognitively impaired. The paralegal felt it to be ok to allow my mum to prompt. I have no wish to cause family upset, but have been denied access to the will. My (only) brother has been given access, and has also been helping my mum sort out finances. I found out yesterday that my brother has been given,as one example, my dad's computer. It is still at the family home, but has been passworded by my brother, with access denied to me; even to use Internet to seek answers to mums' I questions. Do I have a legal entitlement to access a copy of the will - particularly without upsetting my mother further?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

The executor is the only person entitled to a copy of the will although it is good practice for the executor to advise the beneficiaries of the contents of the will. But the answer to your question is no, you can't demand a copy of the will if you are not an executor.

Happy to discuss further although I won't be available for much of today. I will be back on line letter today, I hope.

I hope this helps. Please leave a positive response so that I am credited for my time.