How to Get a Copy of a Will

The Trusts and Estates team at Tollers are often asked how to get a copy of a Will.  In their latest article, the team explains the process.

What is a Will?

One of the most important documents that somebody can make is a Will. In legal terms, a Will lets the person making it – the testator if they are male; the testatrix if female – choose what happens to their possessions once they have died. But that summary misses the many factors that go into making a Will.

Many positive factors go into making a Will. It can gift your family, friends, and charities money that will benefit them for years. It can provide guidance for your funeral wishes. It can ensure treasured heirlooms are passed into the correct hands. The provisions of your Will can benefit those people dearest to you.

But a Will can also be a shield. It can exclude people who might otherwise be able to claim something from your Estate, people who may have been abusive. It can help lessen tax burdens through efficient legal planning. It can stop family arguments about your belongings once you have passed. A properly written and properly executed Will protects the people you care about from those who only care about what they can get from you.

The key aspect of having a Will, then, is that it gives the testator or testatrix control.

How to Find Out if Somebody has a Will?

Discovering whether somebody has a Will differs if they are alive or if they have passed.

If somebody is alive, you can of course ask them if they have a Will, but this question may be fruitless. Nobody has a right to see somebody else’s Will. A testator or testatrix may refuse to show it, or reveal its existence at all. The contents of a Will are extremely personal, and the person asking may have been excluded, or not given as much as they believe they deserve. The question may be innocent, or it may be predatory. The answer received by the questioner will depend on a complex web of family dynamics, personal choices, and individual levels of comfort.

After somebody has died, however, finding out whether they have a Will is slightly simpler. Solicitors can make enquiries to find somebody’s latest Will, saving the trouble of trawling through somebody’s documents or searching their house, when all you want to do is grieve. The process can be out of your hands, so you have space to mourn.

Who can obtain a copy of a Will (before and after probate)

Probate is when the Court allows the people you name in your Will to distribute your belongings according to that Will, known as Executors, to be legally allowed to begin that process. The people allowed to obtain a copy of a Will are different depending on whether Probate has been granted.

Before Probate has been granted, only Executors are allowed to see the Will, but they can show it to anybody else should they choose.

An application for Probate requires the original Will to be sent to the Probate Registry. It then becomes a public document.

After Probate has been granted, then, anybody can obtain a copy of the Will.

The information needed to obtain a copy

Should you want to obtain a copy of a Will, you can go to the Probate Registry website, and provide some basic information. The more information you give, the sooner you will find the desired Will. The deceased’s surname and year of death are necessary. The year of death can be scrolled through once the search has been made, however, so any uncertainty will not render a search useless. The deceased’s forename is optional. The website also asks whether the deceased was a soldier who died while serving in the British armed forces between 1850 and 1986. Having submitted these answers, the website will then ask you for further optional information, like the date of death. Knowing this extra information will streamline your search, but a successful search can be made without it.

The same search can be made by post, should you not have access to the internet, but naturally the response will be slower.

How much is the cost/Is there any cost?

Having found the Will you are seeking online, each copy of it costs £1.50.

If you are searching by post, the search itself costs £1.50. Any desired copies also cost £1.50 each.

Can I get a copy on my own or do I need a solicitor?

Getting a copy of a Will can be done without a solicitor, yet the process may be smoother with one. A solicitor may be more familiar with the exact details of the deceased’s Will, allowing them to find a copy quicker, and they will be more familiar with the government website. These factors may encourage the use of a solicitor, but they do not make their involvement necessary.

Executor refuses to give a copy?

The steps you can take if an executor refuses to give you a copy of a Will vary, again, depending on whether Probate has been granted.

As discussed above, an Executor has no obligation to provide anybody with a copy of a Will before Probate. In practice, though, most Executors will provide the Beneficiaries with information. This act prevents any accusations that the Executor is not correctly performing the wishes expressed in the Will. The only legal rights the Beneficiaries have are being told that they are a beneficiary, what has been left to them if anything, and the full amount of inheritance that they can expect to receive. A Residuary Beneficiary, who receives what is left once any specific gifts have been given, has similarly limited rights. Should an Executor refuse to go beyond these rights, however, the Beneficiaries have no legal recourse.

After Probate, the process is again simpler, for the Will becomes a public document. A Beneficiary can pay a small fee to obtain a copy themselves. The Executor need not refuse a request for a copy because the Executor’s permission is no longer needed. They are no longer the sole person allowed to see the Will.

Talk to Tollers

If you would like to find out more information regarding how to get a copy of a Will, if you need to put a Will in place or would like to speak to someone in regard to your Estate…Talk to Tollers on 01604 258558, our expert team of Wills, Trusts and Estates solicitors are on hand to guide you through.