Substitute Executor

[Ian101b]

Hi all, my first post on the forum

Hopefully a simple question with a simple answer, but I've had a really good search online and still can't find the solution!

My father passed away recently, and my (still living) mother is the executor of his will.

I know that the will states that if she does not have capacity to be executor, or had also passed away, then I am named to act as the executor instead (I believe the term for this is "substitute executor" - please correct me if I am wrong!)

So my question is - do I (as a "substitute executor") currently have the legal right to see the will? Or would only my mother have the right to see it, as the nominated "executor"?

Any advice gratefully received!

[atticus]

Have you asked? Do you know who holds the Will? Does your mother have capacity to act as executor?

[Sam101]

As long as your mother has capacity, then as the executor, she is appointed to deal with everything to do with the Will.

An executor has no obligation to show the Will or n letter of wishes if there is one, to anyone.

As the 'son'. have to spoken with your mother about this or are you estranged from the family?

[atticus]

And isn't the likelihood that your mother is the major beneficiary of your father's estate?

[Ian101b]

Have you asked? Do you know who holds the Will? Does your mother have capacity to act as executor?

Thank you Atticus for your reponse. The will is held by a solicitor, and my mother has a copy in her safe. I have seen the first pages, detailing the position with executors as per my original post, but she has refused to show me the final page (which I suspect is something that specifically relates to me). At present, yes, my mother has capacity.

The will reads:

I (my father's name) of (my parents' address) revoke all last wills and declare this to be my last will.

1. I appoint as my executor my wife (my mother's name) of (my parents' address) but if she is unable or unwilling to act or if she dies before proving my Will I appoint as my executor:

My son (my name) of (my address)

So - does that mean I am not currently an executor, and therefore don't have the right to see the will in full?

[atticus]

Then she has the right to obtain a grant of Probate. If nothing else, at that stage you will be able to obtain a copy of the grant and Will from the Probate Registry.

[dslippy]

It means that you are not currently an executor, and have the right to see the will only when you become one, or it is admitted to probate.

[atticus]

I see the OP added loads after my last reply. He could have written a new post.

[dslippy]

I suppose that an action to be appointed executpor of the will on the basis that she is unwilling to act may be possible. I cannot see how that could be established very easily; particularly if the testator died only recently.

Probates can take many months. From the outside everything looks much simpler.

[atticus]

Have you discussed this with your mother?