Who Has the Legal Right to See a Will?
A Will is a vital document that outlines someone’s wishes for distributing their estate after they pass away. But many people wonder who is legally entitled to see a Will, both while the person who made it (the testator) is alive and after their death. Let’s break it down into two key stages: before and after death.
Before Death
While the testator is alive, their Will is considered private. Here's what that means:
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Personal Choice: The testator has complete control over whether to share their Will with anyone or keep it entirely confidential. They can also make changes to their Will at any time and are under no obligation to inform anyone about those changes.
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If Mental Capacity is Lost: If the testator loses mental capacity, the Court of Protection may need to see a copy of their Will when processing a deputyship application. This ensures decisions made on their behalf reflect their wishes.
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For Attorneys Under a Lasting Power of Attorney (LPA): Attorneys managing the testator’s affairs may find it helpful to know the contents of the Will. For example, understanding specific gifts or beneficiaries can help them manage assets appropriately. At Lawson West Solicitors, we include a disclosure authority when preparing LPAs, so clients can decide whether their attorneys can access their Will if needed. This ensures everyone is clear on the testator’s preferences.
After Death
When the testator passes away, the rules around who can access the Will change:
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Before Probate is Granted: Until a Grant of Probate is obtained, only the Executors named in the Will are entitled to see its contents. Executors are responsible for managing the estate, and while they can choose to share the Will with others, this is entirely up to them.
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After Probate is Granted: Once Probate has been issued, the Will becomes a public document. Anyone can request a copy from the Probate Registry for a small fee (currently £1.50).
Understanding who has the right to see a Will helps prevent misunderstandings and potential disputes. If you have questions about the privacy of your Will or how it will be accessed, our team at Lawson West Solicitors is here to help. Whether you’re drafting a Will or need advice about LPAs, we’re here to ensure your wishes are respected and protected.
If you believe you have a situation where you require legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively complete the free Contact Us form and we will get in touch as soon as possible.
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