Obtaining details of a will

[pewe]

A copy of a will and associated Grant can be obtained for a fee from the probate office.
If the will refers to an individual by name and also refers to an accompanying letter that explains reasons for their being mentioned specifically, should this be available from the probate office as an accompanying document, and if not, how does one get hold of it?

[dslippy]

You don't. Thhat is the idea. It is a common way of creating a secret trust. Property is given to trustees who are free to dispose of it as they wish,but are asked to consider any accompanying letter of wishes. It does, of course, depend upon the exact wording, but placing an enhanced degree of trust in the trustees keeps the terms of the gifts secret.
The secret letter is not itself a disposition of properrty and therefore not part of the will.
This for example how Princess Diana's will was framed. It came out and public only when the trustees fell out.

[Sam101]

This sounds like it may be a case of someone not being included as a beneficiary. A letter of wishes is often recommended in such cases just in case there is ever a challenge from the person who has been excluded.

Such a letter of wishes would normally back up the reason for excluding the person named and give the Trustees sufficient information to present to Court if the Will were to be challenged by that person.

This may not be the case you are asking about, but thought it worth mentioning for others who read the question and answers.

[dslippy]

Sam101's explanation may be the more common one.
In either case if the letter does not dispose of any part of the estate, it is not part of the will. It was done this way presumably to achieve the exact result achieved - it is private.

[Sam101]

It was done that way to give guidance and help to the Trustees by an explanation, as such letters most usually are. I doubt such letters would be done if the donor did not expect someone to try and object to their wishes.

[pewe]

Thank you for all your contributions, but now I am confused.

I spoke to a local solicitor yesterday who quoted a case in which the court awarded someone the right to see a copy of a letter as described, and which is used as case law which has been sited to them in similar circumstances and under which they have had to pass on such documentation.
Is he wrong?

[Sam101]

A court could order sight of any such letter if it was felt appropriate. If you have explained your position to that solicitor and he feels you may have a case to see the letter, I would suggest that you ask the solicitor to act for you and try that route.

If, as may be the case, you have been excluded as a beneficiary for good reason, then you should expect to pay the costs incurred by your solicitor.

[atticus]

What is the case that your solicitor quoted?

[pewe]

A court could order sight of any such letter if it was felt appropriate. If you have explained your position to that solicitor and he feels you may have a case to see the letter, I would suggest that you ask the solicitor to act for you and try that route.

If, as may be the case, you have been excluded as a beneficiary for good reason, then you should expect to pay the costs incurred by your solicitor.

I was excluded from my mother's will - I have expressed my concerns to a solicitor and after in-depth questioning, he has said that obtaining a copy of the letter explaining why I was excluded should be possible under the law society guidelines and there is case study to support this.

He explained what costs would be involved if he acted and explained that I should consider that these costs would not be recoverable.

What is the case that your solicitor quoted?

Unfortunately, he did not mention the name of the case referred to. If I decide to proceed I will get a lot more information prior to instructing.

[Sam101]

If you know why your mother would specifically exclude you from her Will, then do carefully consider if a Court would go against your mothers wishes when it has been explained in a letter to back up the reasons. Only then would you have any chance, but only you know why this has been done.

[pewe]

If you know why your mother would specifically exclude you from her Will, then do carefully consider if a Court would go against your mothers wishes when it has been explained in a letter to back up the reasons. Only then would you have any chance, but only you know why this has been done.

I, and another member of the family, have a strong suspicion as to what lay behind it - but until I see the letter I don't know.- hence the need to see the letter. Hence the original post trying to identify how I would be able to get my hands on a copy.

[Sam101]

Then you need to ask the solicitor for help and see if he can obtain a copy for you if he is able o do so.

Let us know how that goes and perhaps additional help may be available depending n the results.

[pewe]

Then you need to ask the solicitor for help and see if he can obtain a copy for you if he is able o do so.

Let us know how that goes and perhaps additional help may be available depending n the results.

Thanks.
As mentioned earlier, the solicitor says he is confident he can get a copy of the letter from the solicitor who acted for the executor as they should have a copy. His fee for doing that alone is quoted at £300 inc.
Before instructing him I will give some thought to contacting the executor (also the sole beneficiary as well as my brother), and asking him for a copy of the letter although he is of a character that he may well respond with an 'if you want it take me to court' attitude.