Who has a right to see a will?

[Brendan Burgess]

I understand that only the Executor has the right to see a will before probate is granted.

But what happens when someone says "I have been appointed Executor"?

This arises in this case https://www.irishtimes.com/crime-la...aluable-art-after-bizarre-unpublicised-death/

The nephew and closest relative of the deceased has been told by someone unrelated to his uncle that she is the Executrix.

Could he not apply himself to act as Administrator on the grounds that there is no will? Then she would have to contact the Probate Office to say that she has the will.

Brendan

 

[Zobeda]

"Superior Court Rules - The Probate Office
Order 79

4. The Probate Officer shall not allow probate or letters of administration to issue until all the inquiries which he may see fit to institute have been answered to his satisfaction. The Probate Officer is, notwithstanding, to afford as great facility for obtaining grants of probate or administration as is consistent with a due regard to the prevention of error or fraud."

Until it's established in fact whether or not the lady in question does have a valid will of the deceased, and is the executrix, it seems the nephew had no choice but to seek Court authorisation to make the necessary enquiries.

It seems to me she had no obligation to the nephew when he started his enquiries, but now that she's been joined as a notice party, she has obligations to the Court.

 

[NoRegretsCoyote]

Could he not apply himself to act as Administrator on the grounds that there is no will? Then she would have to contact the Probate Office to say that she has the will.

Reading between the lines I suspect the applicant was advised not to do so due to potential for delay.

Whatever the ultimate truth of the matter the whole thing seems very sad.