Who Is Entitled To See A Will After Death? 

Dealing with the loss of a loved one is an emotionally challenging time, compounded by the need to handle practical matters such as the deceased’s estate.

One crucial document in this process is the Last Will and Testament. But who exactly is entitled to see a Will after death, and what legal restrictions govern access to this document?

Who Can See a Will Before Probate?

In England and Wales, access to a Will before Probate hinges on whether the Executor has been granted Probate. Prior to Probate, or if Probate is not pursued, the only individual with an automatic right to view the Will is the Executor.

This individual is designated in the Will to execute the deceased’s wishes and manage their estate. While an Executor may opt to share the Will with Beneficiaries or close family and friends, they are not legally obligated to do so. The decision to allow others to see a Will lies entirely with the Executor.

Who Can See a Will After Probate?

Following the grant of Probate, the Will transitions into a public document. Probate is a legal process that typically takes 9 to 12 weeks and gives Executors the authority to handle the deceased’s property, finances, and possessions.

Once Probate is granted, anyone can request a copy of the Will from the Probate Registry, which maintains records of all Probate grants in England and Wales.

It’s important to note that Probate may not be necessary if the deceased only had savings below a certain threshold, shared money with others, or jointly owned property, as these assets may pass directly to surviving owners without the need for Probate.

In such cases, the Will remains private and need only be disclosed to the Executor.

Keeping Your Will Private

If you’re concerned about the privacy of your Will after your passing, there are options to consider:

• Lifetime Trusts: By placing assets into a Lifetime Trust, you retain control over their distribution both during your lifetime and after your death. Unlike a Will, details of a lifetime Trust remain private and cannot be contested in the same manner.
• Article of Wishes: Although not legally binding, an article of wishes, or a letter of wishes, can accompany your Will to provide guidance to those managing your estate. This document is useful for specifying who should and should not be informed of your death, as well as explaining any contentious aspects of your Will. An article of wishes remains private and is not disclosed alongside your Will after Probate.

Why Privacy Matters

Privacy surrounding your Will is crucial for several reasons:

• Protecting Sensitive Information: Wills often contain personal and financial details that may be sensitive or confidential. Keeping the contents of your Will private helps prevent unauthorised access to this information.
• Respecting Your Wishes: Privacy ensures that your wishes are respected without undue interference or influence from external parties.
• Minimising Family Conflict: Privacy can help mitigate potential disputes among Beneficiaries or family members who may disagree with the terms of the Will.
• Preserving Dignity: Maintaining the confidentiality of your Will allows for a dignified and respectful handling of your estate matters.

Who Is Entitled To See A Will After Death?

The accessibility of a Will after death is governed by Probate status. Before Probate, only the Executor is entitled to view the Will, while after Probate, it becomes a public document accessible to anyone.

However, there are measures you can take to maintain the privacy of your Will, such as utilising lifetime trusts or incorporating an article of wishes. Planning ahead and consulting with Estate Planning specialists can help ensure your wishes are respected while safeguarding your privacy.

As you navigate the difficult period following the loss of a loved one, understanding your rights and options regarding the deceased’s Will can provide clarity and peace of mind. Whether you’re an Executor responsible for managing an estate or you’re planning your own estate, knowing who can see a Will after death and how to protect its privacy is essential. Take proactive steps to safeguard your privacy and ensure your wishes are upheld.

Contact Us

If you need further guidance or assistance in drafting, reviewing, or managing your Will, please contact our experienced team. We are here to help you navigate the intricacies of Wills and Probate, providing peace of mind for you and your loved ones.

Call us now on 0117 952 0698 or simply click on Contact Us. Alternatively, if you would like to book a free initial meeting, you can visit our Online Wills service page.