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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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My father recently died, and my step mother advises that my

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My father recently died, and my step mother advises that my father has left everything to her. I have not seen any will confirming this - am I entitled to see my fathers will?



Thanks for you question.


The executors of your father's estate decide who should see the Will, though it is usual practice for them to show or at least inform the beneficiaries of the relevant content of the Will. If a grant of probate is taken out in the estate, which will be unless the estate is very small, then the Will shall become a matter of public record as it is attached to the grant of probate. A copy of the grant can be obtained by anyone.


If you know the executors or the firm of solicitors assisting them in adinstering the estate then you should write to them expressing your concerns.


If you are concerned then you should make a "standing search" of the probate 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:-


You may also consider seeing a local probate practitioner, they can get in contact with the executors (or step-wife) to represent your concerns. If you are not named in the Will as a beneficiary then you may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. You must make the application within 6 months of the date of the grant of probate in the estate and you will need a solicitor to do it for you.


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