How do I obtain a copy of a Will?
Published: October 11th, 2022
7 min read
When a loved one passes away, dealing with legal matters can feel overwhelming, especially if you're trying to access their Will.
Requesting a copy of a will
1. Ask the Executor for a Copy
Once a person has died, the easiest way to obtain a copy of their Will is to ask the Executor to provide a copy. An Executor is the person appointed by the Will to administer the estate and is the only person entitled to see the Will and read its contents.
A Will is a private document until it goes through probate. Probate is a legal process where the Will is officially recognized, and the executor is given the authority to administer the estate. Before probate, the executor isn’t legally required to share the Will with anyone, but they can choose to do so.
It is part of the Executor's role to collect the deceased's assets, pay any liabilities and then distribute the estate in compliance with the Will.
2. Wait for the Will to Become Public
In most cases the Executor will have to apply to the Probate Registry to obtain a Grant of Probate. The application involves sending the original Will to the Probate Registry. When a Grant is issued the Will is considered a public document and anyone can apply to the Probate Registry to obtain a copy by searching the Gov.uk website for a small charge.
At this point, anyone can obtain a copy by searching the website of the Probate Registry and paying a small fee. This is a straightforward way to access the Will if the executor hasn’t provided a copy.
3. File a Standing Search
A situation can arise in which it is known that a person has died but a search of the probate register has revealed that a Grant of Probate has not yet been issued. In those circumstances, it is sensible to file a standing search with the Probate Registry at a cost of £10. This allows an individual to lodge their request for a copy of the Grant and the Will before an application for probate has been made and a Grant has been issued. A standing search expires after six months but it can be extended for a further six months.
4. Consider a Larke v Nugus Letter
Another approach to obtaining a copy of the Will before a Grant of Probate is extracted is to provide a Larke v Nugus letter to the solicitors or Will writer that prepared the Will. Such a letter is usually sent by a disappointed beneficiary who has concerns about the validity of a Will. The letter asks the Will draftsperson to provide their evidence concerning the circumstances surrounding the preparation and the execution of the Will and to make available a copy of requested documents including their file. The Law Society has recommended to solicitors that they should make available a statement of their evidence and requested documents when a Will is in dispute and that no issue of confidentiality arises.
5. Apply to the Probate Registry
An application can be made to the probate registrar if the Will is in the custody, possession, or power of someone who refuses to release it. If successful, the registrar issues a summons requiring that person to lodge the document at the registry within 8 days or such other period as the registrar considers to be reasonable. The summons contains a penal notice which threatens imprisonment if it is not complied with. An application of this kind might be used by a disappointed beneficiary who has concerns about the validity of a Will but is refused a copy or an Executor knows that the Will is held by someone who refuses to release it.
6. Ask for Court Intervention
An alternative application is an order requiring a person believed to have knowledge of a Will to attend court to be cross examined under oath. This application can be useful in respect of persons who do not have custody of the Will but do have some knowledge of the whereabouts of the document. It can also force a Will draftsperson, who has failed to answer a Larke v Nugus request, to attend court.
7. Probate with a Copy of the Will
It is possible to submit a copy of a Will to probate if the original Will cannot be located. An application can be made to the probate registrar to issue a Grant of Probate in respect of a copy of the Will. It is not necessary to persuade the registrar that the original Will has been lost. It is only necessary to show that it was not revoked by the deceased during their lifetime. A presumption exists to the effect that a Will that cannot be found which is known to have been in the deceased's possession has been destroyed by the deceased with the intention of revoking it. It is necessary to rebut that presumption on the evidence to succeed in obtaining an order that a Grant can be extracted on the basis of a copy of the original Will.
Final Thoughts
Navigating the process of obtaining a Will can be challenging, especially during a time of loss. By understanding your options and knowing the steps to take, you can make the process smoother and ensure that the deceased’s wishes are respected. Whether you’re an executor or a concerned beneficiary, these steps will guide you in accessing the Will and moving forward with the estate’s administration.
For further information please contact John Lambe
For further information please contact John Lambe