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rights for copy of the will etc

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  • rights for copy of the will etc

    Hi
    I've been reading through this information and I think I am right in saying that I am entitled to see my later mother's will, but after requesting this from the solicitor he has informed me that he needs permission from the executor, who is also one of my sisters. As we are all equal issue of my late mother I thought it was a legal requirement to be complied with, the request of copy of will I mean. Am I right? My sisters have apparently been discussing whether to ignore my request and queries re Probate.

    thank you.
    Last edited by gwenlillian; 8th May 2014, 11:03:AM. Reason: typo
    Tags: None

  • #2
    Re: rights for copy of the will etc

    Has probate already been obtained? if so you could check the register at the relevant probate court/office

    Comment


    • #3
      Re: rights for copy of the will etc

      Only the executors are entitled to see the will and are not obliged to show it to any one else.
      Once probate has been granted the will is public record and you can apply to the probate office for a copy.

      Comment


      • #4
        Re: rights for copy of the will etc

        thanks - think I've maybe posted in the wrong place but not sure how to move into probate etc. meantime, to add more info, I was sent a consent form by the solicitors to sign, we all were, we signed assuming this was because we were all beneficiaries but now think this was a form to ask the bank to release monies from accounts before probate. I was told that Probate was not required as it was a small estate, now I see the Application for Grant of Probate online and have written to the solicitors querying this, and at the same time requested a copy of the will, this is when they state they must ask the executor. So, I presume I have to wait the 6 week period for the Grant to become effective and then, request a copy from the public record - is that right? Oh, and to add even more confusion, it is all overseas, I am in UK.

        Comment


        • #5
          Re: rights for copy of the will etc

          I understand there is no rule regarding the right of a beneficiary to see the will before probate: it's a grey area. An executor would have to provide a very good reason for non-disclosure if challenged in court. Some countries have already ruled that beneficiaries do have a right to see the will.

          Comment


          • #6
            Re: rights for copy of the will etc

            This post is dated May 2014. Why has it been resurrected?

            Comment


            • #7
              Re: rights for copy of the will etc

              Originally posted by enquirer View Post
              This post is dated May 2014. Why has it been resurrected?
              It's only June 2014!
              These things take time

              Comment


              • #8
                Re: rights for copy of the will etc

                Good Luck! My executor siblings didn't even let me know Probate had been granted. I read somewhere that there is no 'law' stating they have to give you a copy of the will. I got a copy of my dad's will from the local court myself.

                Comment

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