They won’t show you the Will of the deceased
Is someone refusing to show you the Will made by the deceased?
If so, you have rights. However, how to enforce those rights depends on the status of proceedings.
There is no obligation to provide a copy of the Will to everyone who might want one, and certainly no obligation to do so a day (or week) after the death.
The time to get more assertive is if several months have passed since the death and still the executor is refusing to show you the Will.
If the Will of the deceased was deposited with the court’s Estates Registry then, you may inspect it at the Court. Sadly, relatively few people deposit their wills with the Estates Registry – it is something that we strongly recommend.
The solicitor for the executor has no obligation to provide a copy to anyone other than the executor – and as the solicitor for the executor acts on the executor’s instructions, unless the executor advises the solicitor to share it, the solicitor cannot do so.
If the executor has applied for probate (a certificate of appointment as estate trustee with a will), then the Will will be in the Court file. Accordingly, the Will can be inspected and copied by visiting the Court Registry and inspecting the file.
If the executor has not applied for probate, and if you have reasonable grounds to believe that you are a beneficiary of the estate, then ‘a reasonable time’ after the death, you can apply to Court to compel the executor to either a) apply to be appointed estate trustee, or b) renounce their right to this appointment. How long is ‘a reasonable time after death’? There is no hard and fast rule, but generally, if the executor has taken no steps to administer the estate within 12 months of the death, then, based on the usual notion that the executor should have completed the administration within 12 months, you have a strong basis to commence proceedings with the Court.
If the executor has been unduly slow, you may be able to recover your legal fees from the executor and/or the estate.
