# who can view a will



## tredeague (14 Aug 2011)

A friend of mine's estranged husband recently died. They are not divorced. His family are execetors of the will and aren't allowing her to see it. She needs to sell the house and know what contents she can sell but they won't let her know. Is there any way she can force them to let her see the will before probate?


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## Padraigb (14 Aug 2011)

If she is not executor, she can't sell anything that was her late husband's property.

She is entitled to be told what the will provides insofar as it concerns her. It is difficult to see how they can avoid telling her the gross value of the estate, because it is a material fact in her ascertaining if she is getting her statutory entitlement. The executors do not have to tell her about individual bequests at this stage.

When probate has been granted, the will becomes a public document, and she can inspect it. 

If the executors are playing silly games, and not co-operating with her when she has a legal right, it sounds like time for her to engage a solicitor to defend her interest.


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## mf1 (15 Aug 2011)

tredeague said:


> A friend of mine's estranged husband recently died. They are not divorced. His family are execetors of the will and aren't allowing her to see it. She needs to sell the house and know what contents she can sell but they won't let her know. Is there any way she can force them to let her see the will before probate?



Immediate questions that spring to mind.........

Did they have a legal separation? Did they waive Succession Act rights? "The house" - whose house is this? Joint? Solely owned? By who? 

Why does she need to sell the house? 

If she is meeting a great deal of resistance, there may well be a great deal more to this and, rather than seeking second hand advice from an Internet website, she should seek her own legal advice. 

mf


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## Deiseblue (15 Aug 2011)

Under the Succession Act 1965 the Executors are obliged to inform the surviving spouse of his/her legal right entitlement ( if he or she is not happy with the provisions made in the deceased's spouse's Will ).

If there are no children - the spouse is entitled to 1/2 of the Estate , if there are children - the entitlement is 1/3.

By employing a Solicitor your friend should be able to sort matters out easily.


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## mf1 (15 Aug 2011)

Deiseblue said:


> Under the Succession Act 1965 the Executors are obliged to inform the surviving spouse of his/her legal right entitlement ( if he or she is not happy with the provisions made in the deceased's spouse's Will ).
> 
> If there are no children - the spouse is entitled to 1/2 of the Estate , if there are children - the entitlement is 1/3.



Unless there is a formal Separation in place where the spouses waived their Succession Act rights................

mf


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## Padraigb (15 Aug 2011)

Question for mf1: can the courts undo such a waiver after the death of one party, in much the same way as a maintenance order can be revisited?


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## Deiseblue (15 Aug 2011)

mf1 said:


> Unless there is a formal Separation in place where the spouses waived their Succession Act rights................
> 
> mf



Absolutely , but in the absence of further info from the OP - the situation I outlined is the baseline position.


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## hastalavista (16 Aug 2011)

tredeague said:


> A friend of mine's estranged husband recently died. They are not divorced. His family are execetors of the will and aren't allowing her to see it. She needs to sell the house and know what contents she can sell but they won't let her know. Is there any way she can force them to let her see the will before probate?



The simple way to get their attention here is to lodge a caveat which will cost 11 euro in stamp duty and can be done by anyone.
The caveat will not allow probate be granted without her concerns, assuming they are valid, are addressed

The caveat is valid for 6 months only but can be renewed.

The other point is that the executors have a year  before they need to do anything.

If she is a beneficiary of the will then she has a right to be told but can be made wait the year.

However, as noted earlier the OP needs to be crystal on the exact legal position


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## mf1 (16 Aug 2011)

Padraigb said:


> Question for mf1: can the courts undo such a waiver after the death of one party, in much the same way as a maintenance order can be revisited?



Umm. 

I don't have the answer to that. We are very much in uncharted territories at the moment in terms of  what desperate people are asking the Courts to do. There are a lot of applications to the Courts to vary earlier agreements and orders to take account of changed circumstances. 

My own view is that  a Separation Agreement freely entered into with the benefit of legal advice is likely to be viewed by the Courts as binding - the rationale being that certain provision would  have been made in the Agreement in consideration of the waiver. 

The most frequently  used words in my office to any question? "It depends!" 

Matched only by the  most frequently  used words in my childhood family home-"Wait 'til your father gets home!"

mf


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## WizardDr (18 Aug 2011)

..and despite some good advice from mf1 .. our original poster is silent ..


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