How to Obtain a Copy of a Will: A Simple Guide

When a loved one passes away, dealing with legal matters can feel overwhelming, especially if you're trying to access their Will. A Will is a legal document that outlines how a person wants their assets distributed after their death. But how do you get a copy of it, especially if you're not the executor? Here’s a straightforward guide to help you understand the process.

1. Ask the Executor for a Copy

The easiest way to get a copy of a Will is to ask the executor. The executor is the person named in the Will who is responsible for managing the deceased’s estate. They have the legal right to read the Will and are in charge of carrying out its instructions.

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.

2. Wait for the Will to Become Public

Once the executor applies for and receives a Grant of Probate, the Will becomes a public document. 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

If you know someone has died but can’t find their Will through a search of the probate register, you can file a standing search with the Probate Registry. This costs £10 and allows you to be notified when the Will is submitted for probate. A standing search lasts six months and can be renewed if necessary.

4. Consider a Larke v Nugus Letter

If you’re a disappointed beneficiary—someone who expected to inherit but didn’t—you might have concerns about the validity of the Will. In this case, you can send a Larke v Nugus letter to the solicitor or Will writer who prepared the Will. This letter requests details about how the Will was prepared and asks for a copy of the relevant documents. Solicitors are encouraged to provide this information if there’s a dispute about the Will.

5. Apply to the Probate Registry

In rare cases, the Will might be in the possession of someone who refuses to release it. If this happens, you can apply to the probate registrar for a summons. This legal document orders the person holding the Will to deliver it to the registry within a specified time, or face penalties. This approach is often used by beneficiaries or executors who know a Will exists but can’t access it.

6. Ask for Court Intervention

If you suspect someone knows about the whereabouts of a Will but isn’t cooperating, you can apply to the court to have them questioned under oath. This could be useful if the person doesn’t have the Will but might know where it is. It can also be used if a Will draftsperson ignores a Larke v Nugus request.

7. Probate with a Copy of the Will

Sometimes, the original Will cannot be found. If this happens, you can apply to use a copy of the Will in the probate process. To succeed, you need to show that the original wasn’t destroyed by the deceased with the intention of revoking it. If the registrar is satisfied, they may allow probate to proceed with the copy.

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.