Find a Solicitor to help with Obtaining a Copy of a Will

Obtaining A Copy Of A Will

When someone dies, their will must be located and read to understand how their estate will be managed and distributed. 

At a minimum, executors need to obtain a copy of the will to fulfill their duties and administer the estate according to the deceased’s wishes. But beneficiaries or those with a financial interest in the estate, also need to see the will to make sure their rights and entitlements are protected. 

Obtaining a copy of a will can be straightforward or complex, depending on the circumstances. In some situations, locating the original will can be challenging, especially if the deceased did not tell anyone where it was stored. Or there may be confusion on who can access the will and when especially before probate is granted. 

• How can I find out if a will exists?
• Who is entitled to obtain a copy of a will?
• How can I obtain a copy of a will before probate is granted?
• How can I obtain a copy of a will after probate is granted?
• What information do I need to provide to get a copy of a will?
• What happens if I am denied access to a will?
• How long does it take to obtain a copy of a will?
• How much does it cost to obtain a copy of a will?
• How can a solicitor help me obtain a copy of a will?
• What should I do if I can’t find the original will?
• What are the common reasons for needing a copy of a will?
• What is the role of the executor in will retrieval?
• Can I obtain a copy of a will for someone who is still alive?

At Lawhive, our mission is to make legal processes, like obtaining a copy of a will, easy to understand. So, in this guide, we’ll walk you through the process of obtaining a copy of the will and answer some frequently asked questions on the subject. 

Should you need more help, our network of expert wills, trust, and probate lawyers is on hand to help you understand your rights to access the will, whether you’re an executor, beneficiary, or interested party. Further, they can guide you through the probate process or provide legal advice if you face challenges or disputes over a will. 

For more information and a free no-obligation case evaluation, contact us today.

Our experienced Legal Assessment Team is here to listen to your needs, guide you through the process, and provide a transparent quote for the services of a specialist lawyer should you need one. 

How can I find out if a will exists? 

A will outlines the deceased’s wishes regarding the distribution of their assets.

But if someone dies without a will, their assets are distributed according to the rules of intestacy, which might not align with their wishes. As such, it’s really important to find out if a will exists. 

To find out if a will exists you should: 

1. Look through the deceased’s personal papers and secure locations.
2. Ask close family members or friends if a will exists and where it might be located.
3. Consult with the deceased’s solicitors if they have one.
4. Search for safe deposit boxes.
5. Search the National Will Register. 

Who is entitled to obtain a copy of a will?

Before a will goes through probate, access to the will is generally restricted. Only the following individuals are typically entitled to obtain a copy of the will at this stage: 

1. Named executors 
2. Beneficiaries named in the will 
3. Solicitors and legal representatives 

In certain circumstances, other individuals who can demonstrate a legitimate interest in the estate may request access to the will.

This can include those who believe they should have been included as beneficiaries or have a financial claim against the estate.

Once probate is granted, anyone can obtain a copy of the will from the Probate Registry as it becomes part of the public record. 

How can I obtain a copy of a will before probate is granted?

If you believe you are named in a will, and therefore have a valid reason to access it before probate is granted, or you have a legal or financial interest in the estate, you can ask the named executor(s) to provide a copy. 

Executors and solicitors have the discretion to share the will with interested parties if appropriate. 

How can I obtain a copy of a will after probate is granted?

Once probate is granted, a will becomes a public document. This means anyone can obtain a copy, not just the executors or beneficiaries.

Often, the quickest and easiest way to find and request a copy of the will is to use the Government’s Probate Search service. Here, you can search for the will by entering the deceased’s full name and date of birth. 

What information do I need to provide to get a copy of a will?

Key information required to get a copy of a will include: 

• Full name of the deceased 
• Date of death 
• Last known address 
• Date of birth

If you are requesting access to a will before probate, you may also need to provide proof of your relationship to the deceased or your interest in the will, as well as the reason for your request. 

What happens if I am denied access to a will?

If you are denied access to a will, the first step is to understand why. As such, you should ask the person or entity denying access for a clear explanation. 

Common reasons for denial include insufficient proof of interest or relationship, pending probate, confidentiality concerns, will disputes, and legal or procedural issues. 

Usually, these situations can be resolved by talking to the executor and explaining your reasons for wanting access to a will.

However, if direct communication fails, you may decide that legal action is a viable and necessary step based on your interest in the estate. 

In these circumstances, it’s important to seek professional assistance from a probate solicitor who will help you understand your legal rights and the best course of action. 

How long does it take to obtain a copy of a will?

The time to obtain a copy of a will can vary based on whether probate has been granted and the method used to access the will.

Before probate is granted, obtaining a copy of a will can be more time-consuming as it depends on whether the will is easily locatable or if it is the possession of someone who is uncooperative. 

Once probate is granted, however, the process is generally more straightforward. The typical processing time for obtaining a will through the online probate registry can range from a few days to a few weeks. 

How much does it cost to obtain a copy of a will?

Obtaining a copy of a will in the UK is relatively inexpensive if done directly through the government's online service.

The cost for ordering a copy online is typically around £1.50 per document. This fee includes a copy of the will and the Grant of Probate (if applicable).

How can a solicitor help me obtain a copy of a will?

If you want to obtain a copy of a will, a solicitor can assess whether you have a legitimate right or interest to access the will before probate is granted. 

If access to the will is denied or there are disputes regarding the will’s contents, a solicitor can also advise on the best court of action. 

Further, should the matter require court intervention, they can represent your interests, arguing the case for access to the will based on your legal rights and relationship to the deceased. 

What should I do if I can’t find the original will?

If an original will can’t be found, a signed copy might be acceptable, though it generally requires proving the original will wasn’t destroyed or revoked by the testator. 

In the first instance, a probate solicitor can provide advice on how to proceed if a will appears permanently lost. They can also guide you on the legal implications of using a copy of the will, if available. 

If no original or valid copy of the will can be found, and the court does not accept any substitutes, the estate will likely need to be distributed according to intestacy laws. This means the estate will be divided according to a standard formula among the surviving relatives.

What are the common reasons for needing a copy of a will?

Common reasons people might need to obtain a copy of a will include: 

Estate administration 

Individuals appointed to manage the estate need the will to understand their duties and the specifics of asset distribution. 

A copy of the will is also required to apply for probate, which gives the executor the legal authority to administer the deceased’s estate. 

Legal rights and entitlements 

Beneficiaries need a copy of the will to know what assets they are entitled to receive.

Further, those who believe they might have been named in the will, or were dependent on the deceased, often need a copy to confirm their inclusion or the extent of their bequests. 

Family and personal interests 

Relatives often seek to obtain a copy of the will for closure and to understand the ceased’s wishes regarding the distribution of family heirlooms, properties, and other assets. 

Family historians or genealogists may also seek out wills as part of researching family history, as they can provide insights into family relationships and historical assets. 

Legal challenges and disputes 

Parties who want to challenge the will for reasons such as undue influence, lack of capacity, or improper execution need access to the document to assess their grounds for contest.

Beneficiaries or executors might also need a copy of a will to clarify ambiguities in the will’s wording or the testator’s intentions. 

Transfer of ownership 

Property transfers can necessitate a copy of the will to make sure that the new ownership aligns with the deceased’s directives. 

What is the role of the executor in will retrieval?

Executors are typically responsible for: 

• Locating the will 
• Reading the will
• Identifying and informing beneficiaries
• Applying for probate
• Safeguarding the will
• Handling will disputes
• Complying with legal requests for the will 
• Executing the terms outlined in the will.

Can I obtain a copy of a will for someone who is still alive?

Obtaining a copy of a will for someone still alive is generally not possible without the explicit consent of the person who made the will (the testator). 

Wills are considered private and confidential documents until the testator's death, at this point, they may become public through the probate process. 

Get legal help in obtaining a will from Lawhive 

The complexities of will retrieval and accessing a will can be daunting, especially during the emotionally charged period following a loved one’s passing. At Lawhive, we aim to simplify this essential process by clearly explaining the steps involved in obtaining a copy of a will. 

Whether you’re an executor needed to fulfill your duties, a beneficiary eager to understand your entitlements, or an interested party seeking clarity on your rights, our network of expert wills, trust, and probate lawyers is here to support you. 

Our network of legal professionals is adept at handling everything from straightforward will retrievals to complex cases involving disputes or lost documents.

We make sure you not only receive comprehensive guidance on how to access a will but also understand the nuances of probate and estate administration. 

Contact us today for a free, no-obligation case evaluation. Our Legal Assessment Team is ready to provide you with the information you need and a transparent quote for the services of a specialist lawyer tailored to your situation.

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