# Am I entitled by law to view the contents of my late fathers will



## Gineile (21 Oct 2010)

I have contacted my fathers solicitor and she has told me that there is no need for my late fathers will to go to probate. I thought all wills had to go to probate. If it does not have to go to probate am I entitled by law to view the contents of his will.


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## mercman (21 Oct 2010)

If you are a named beneficiary on the will, I do not see any reason  for witholding the details of the will, especially if it does not need to go to Probate.


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## mf1 (21 Oct 2010)

Gineile said:


> I have contacted my fathers solicitor and she has told me that there is no need for my late fathers will to go to probate. I thought all wills had to go to probate. If it does not have to go to probate am I entitled by law to view the contents of his will.



Have you asked to see it? Is there any reason why you should not see it? Is there any family animosity? 

I'm wary of ostensibly  innocent questions like this and generally take the view there is a great deal more going on! 

mf


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## Gineile (21 Oct 2010)

mf1 said:


> Have you asked to see it? Is there any reason why you should not see it? Is there any family animosity?
> 
> I'm wary of ostensibly innocent questions like this and generally take the view there is a great deal more going on!
> 
> mf


 Yes I have asked to see it, solicitor said I'm not beneficiary - thats it, I have asked again if executor has refused permission and I have not had a reply.  Irrevelant what is or is not going on in the family - All I want to know if if LEGALLY I have a right to view the will or not. Thanks


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## Vanilla (21 Oct 2010)

If you're not the executor and you're not a beneficiary you are not entitled to see any of the will.


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## JoeB (21 Oct 2010)

How can someone confirm that they're not a beneficiary if they're not allowed to see the will? What if the OP had been told by his late father that he would be a beneficiary?


Does anyone have a right to see the will? Spouses etc?


If not then the solicitor has absolute control, and not all solicitors are trustworthy.

Can an individual apply to the courts to see the will?


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## Vanilla (21 Oct 2010)

She's been told she's not a beneficiary. And no, the solicitor does not have control, the executor or executrix does.

A beneficiary has only the right to know the part of the will that refers to their benefit. The Executor has the right to see all the will. The executor could decide to give a copy of the will to her if they wanted to but they are not obliged to.

If a spouse is neither a beneficiary or an executor they do not have the right to see the will, however they still retain their legal rights to a share of the estate regardless.


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## Complainer (21 Oct 2010)

Vanilla said:


> If you're not the executor and you're not a beneficiary you are not entitled to see any of the will.


How do the newspapers get to publish details of some wills?


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## Deiseblue (21 Oct 2010)

Complainer said:


> How do the newspapers get to publish details of some wills?


 
Probated Wills are a matter of Public record and this is where the papers garner the info.

I must say that I always thought this practise was an appalling breach of privacy


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## Gineile (21 Oct 2010)

What if I have concerns about my late fathers will. Is there any legal way I can view the contents.  I am more interested in the date it was drawn up.


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## JoeB (21 Oct 2010)

The hole that I think can be exploited by unscrupolous solicitors is this.

If the solicitor claims that he himself is named as executor then no-one has a right to see the will, and hence no-one can confirm that the solicitor is telling the truth.

So the solicitor can say 'I'm named as the executor, and none of you are beneficiarys, so you all must go away now, that's it, no-one is getting to see the will'.

I understand that it's quite likely to be complicated, and there must be a wealth of previous cases on all issues, so the above probably cannot happen.


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## truthseeker (21 Oct 2010)

Joe - I think normally a will goes to Probate and then becomes a matter of public record.

Im a bit confused about a will not going to probate - why would this be the case?


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## Gineile (21 Oct 2010)

Truthseeker - I am confused over the whole probate thing as well.  I did think that all wills went to probate but the solicitor said there is no need !!


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## truthseeker (21 Oct 2010)

Geneile - you may find this link useful:

http://www.citizensinformation.ie/c...seds-estate/dealing_with_the_deceaseds_estate

It says 





> If there is a will, then the executor needs to take out probate


 
Do you know if there is an executor - or is the solicitor an administrator?

Perhaps someone with more legal knowledge could help out here - I thought that all wills had to go to probate as well - if they dont then how does one know if they were followed properly or not?

Perhaps you could contact the probate office by phone and ask them?


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## mf1 (21 Oct 2010)

If OP asked the question they want an answer to, rather than diverting , it would be a great deal easier to answer. 

This is the issue. 

"What if I have concerns about my late fathers will. Is there any legal way I can view the contents. I am more interested in the date it was drawn up. "

What the OP wants to know is: if there is a will, and I am not a beneficiary, and the executor will not release a copy, and I think there is something fishy going on............what do I do? 

Answer: go to a solicitor and ask for assistance. 

And why a will may not need to be probated: all assets were in joint names and fall out of the estate and there is no estate to be distributed. If there is no estate, there is no need for a Grant. 

And there is no indication that the solicitor is the executor. OP has asked if the executor has refused permission. 

So where did this come from?

Posted by JB

"The hole that I think can be exploited by unscrupolous solicitors is this.

If the solicitor claims that he himself is named as executor then no-one has a right to see the will, and hence no-one can confirm that the solicitor is telling the truth.

So the solicitor can say 'I'm named as the executor, and none of you are beneficiarys, so you all must go away now, that's it, no-one is getting to see the will'.

I understand that it's quite likely to be complicated, and there must be a wealth of previous cases on all issues, so the above probably cannot happen."


This is just silly. 

mf


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## truthseeker (22 Oct 2010)

mf1 said:


> And why a will may not need to be probated: all assets were in joint names and fall out of the estate and there is no estate to be distributed. If there is no estate, there is no need for a Grant.


 
Thanks mf1 - this makes sense.


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