Does everyone get copy of will?

H

holly

Registered User
Messages
32
A relative of my OH died a few months ago and the solicitor who is dealing with probating the will has sent out a tax form to all the beneficiaries. Along with the form, he enclosed a copy of the will, so now all the beneficiaries know what everyone else is getting. The phone lines between cousins/siblings et al have begun to sizzle!!

Is this normal practice? I know probated wills are public records but is it usual to disclose the contents of the will to everyone at this stage?
 
Not IME. Benficiaries, usually through the executor(s), get a copy of that portion of the will relevant to them.
 
Beneficiaries are not entitled to see the entire will, but there is nothing to prevent an executor to decide they want to distribute a copy. So it is up to the executor.
 
And in the end what does it matter? Once Will goes through Probate, it is a matter of public record so anyone who wants to can see the will. And the Inland Revenue Affidavit.

mf
 
Thanks, I realise that after probate anyone can look at it, I just never heard of a solicitor (without consulting the executors) sending a complete copy of the will to every beneficiary, most of whom are elderly and wouldn't have bothered to check the probated document on the assumption that everyone got the same.

Now they realise that other people got more or less and there are some hurt feelings out there. It's done now anyway.
 
mf1 said:
And in the end what does it matter? Once Will goes through Probate, it is a matter of public record so anyone who wants to can see the will. And the Inland Revenue Affidavit.

mf
Click to expand...

How do you do this? Do you have to know the solicitor that was involved or is it kept at a state body? if so which one? Can the benefectors see that you inquired about the will? Do you have to be a relative?

Interested, because an aunt of mine died and I thought she might leave myself and my siblings some small, juts to recognise everything we did for her over her lifetime but i think it went to another relative. As I was not a beneficary i do not know how it ended up, and would like to know ! Appreciate any comments made...
 
Am aware of the practice of sending beneficiaries just the portion of the will that refers to them, but on balance it is as well to sent a full copy to everybody mentioned in it because

1. being economic with information can lead to misunderstandings

2. anyone can get a copy from the Probate Office when Grant of Probate issues.
 
nuac said:
Am aware of the practice of sending beneficiaries just the portion of the will that refers to them, but on balance it is as well to sent a full copy to everybody mentioned in it because

1. being economic with information can lead to misunderstandings

2. anyone can get a copy from the Probate Office when Grant of Probate issues.
Click to expand...

The fact of the matter is that before a will is probated beneficiaries have no right to see the will, just to either see the portion attributed to them or be informed of it in a timely manner. So after that it is up to the executor and solicitors must take their instructions from the executor having informed him or her of the legal position.
 
I agree that beneficiaries as such are not entitled to a complete copy will. However from experience I have found that frankness and transparency avoid the misunderstandings etc that can develope into a coolness, and in some cases litigation.

I have seen major fueds develope from trivial issues. Sending out as much information as possible helps.
 
Vanilla said:
The fact of the matter is that before a will is probated beneficiaries have no right to see the will, just to either see the portion attributed to them or be informed of it in a timely manner. So after that it is up to the executor and solicitors must take their instructions from the executor having informed him or her of the legal position.
Click to expand...


as an aside - can an executor be a benficiary?
 
An executor can be a beneficiary, classic case wife or husband is appointed executor and beneficiary.

A beneficiary under a will cannot witness it.
 
You must log in or register to reply here.
Back
Top