After someone has died, family members are often anxious for various reasons to see the Deceased persons will. So what is the law and how can you obtain a copy ?
If either a Grant of probate or Grant of letters of administration are issued, then a Copy of the Grant and Will becomes a freely obtainable document, which can be obtained by contacting the probate registry whilst there are a number of online companies that can obtain wills.
If probate is not issued or not required then a copy of a Will is not registered or made available as a public record. As probate is required to administer a Deceased persons estate, probate will not typically be needed if :-
- The assets passed by survivorship to the surviving spouse
- Assets have been released due to their low value
- The overall value of the estate is very low
If probate is definitely going to be needed, you can always apply for what is known as a Standing Search, this is issued by the probate registry and means that you will automatically be sent a copy of the probate and will when issued.
If the executor is actually unreasonably and is simply refusing to disclose a copy of the will, then the threat of a Caveat is often sufficient to ensure the will is released.