Gracieboo22

[Gracieboo22]

Hello,does anyone know if theres no probate taken out on a will,how does the beneficary view a will.

[ostell]

Ask the executor

[EnglandPi]

Hello,does anyone know if theres no probate taken out on a will,how does the beneficary view a will.

Thats a good question.

Say someone passed leaving assets and a will.

Probate was obtained in order for the executor to distribute the assets
.
Twenty years later someone looking for the will goes to https://probatesearch.service.gov.uk/#wills to look for a copy of the will which is a public record that anyone can obtain for a fee.

BUT if probate was not applied for I have no idea how a copy of the will could be obtained

[des8]

Section 122 of the Senior Courts Act 1981 (or alternately Rule 50(1) of the Non-Contentious Probate Rules 1987) the court to order a person to attend court for examination, and to answer questions and bring in documents, about a will if there are reasonable grounds to believe that person has knowledge of a will not propounded.

A person wishing to see such a document has to make application to the court (CPR57 7.1)

So if you want to see a non propounded will and you know who may have it, apply to court, otherwise no hope I think


But if you know who the executor is you could use NCPR 48 to issue a citation to apply for a grant of probate