How Do You Get a Copy of a Will in the UK?

Losing a loved one is one of the most challenging experiences, and the days that follow often bring an overwhelming amount of tasks and decisions. Among these, understanding a loved one’s final wishes can be a priority, and obtaining a copy of their will can help clarify matters. 

Whether you’re an executor, a family member, or a concerned beneficiary, knowing the right steps to take can streamline the process, especially when emotions are high. This guide provides a comprehensive look at the process of obtaining a copy of a will in the UK, addressing everything from initial requests to court interventions.

Why a Will Matters?

A will is a legal document that specifies how a person’s estate—such as property, money, and belongings—should be distributed after their death. In addition, a will identifies the executor, or the person responsible for managing the estate, paying off debts, and distributing assets to beneficiaries. Having a valid will ensures the deceased’s wishes are followed and can prevent disputes or complications among surviving family members.

In the UK, wills are considered private documents until the probate process begins. Therefore, accessing a will depends on the status of probate, the role of the executor, and, occasionally, on specific legal procedures.

Initial Steps to Obtain a Copy of a Will

There are several avenues to obtain a copy of a will, each with its own requirements and restrictions.

Ask the Executor

The simplest way to access a copy of a will is to request it directly from the executor. The executor is appointed by the deceased to carry out the instructions specified in the will and is the first point of contact for anyone seeking information about the estate. However, before probate is granted, the will remains a private document. Therefore, the executor is not legally obligated to share the will with anyone, though they may choose to do so at their discretion.

Once probate is granted, the will becomes a public document, making it accessible to anyone who wishes to see it. Executors have a duty to administer the estate according to the will’s instructions, which includes sharing information with beneficiaries and ensuring that assets are distributed as directed.

Wait for Probate and Public Access

Probate is the official process of proving a will’s validity and authorizing the executor to carry out its terms. Once probate has been granted, the will enters the public domain, allowing anyone to obtain a copy through the Probate Registry.

To check if probate has been granted, you can search the UK government’s probate records on the Gov.uk website. If probate has been issued, you can apply for a copy of the will and the grant of probate. This application is straightforward, and a small fee (typically around £1.50) is required for access.

If probate hasn’t been granted, you can file a standing search with the Probate Registry. This search costs £10 and alerts you when probate is eventually granted, allowing you to request a copy of the will. The standing search lasts six months and can be renewed if needed.

Additional Options if the Will is Not Accessible

In some cases, the will may not be immediately accessible, or there may be concerns about its validity. When this happens, there are further steps to pursue.

File a Standing Search

If you know that probate has not yet been issued, filing a standing search is a proactive step. For £10, this search notifies you when the will goes through probate, allowing you to apply for a copy once the grant is issued. Each search lasts for six months but can be renewed if probate hasn’t been granted within that period.

This method ensures you’re informed when the will enters the public domain, providing peace of mind that you’ll be able to access it in the near future.

Use the National Will Register

Another way to locate a will is by using the National Will Register, a central database for registered wills. This service is helpful if you’re unsure where the will is located, as it can connect you to solicitors or storage providers holding the document. However, this search incurs a fee of around £50, with no guarantee that the will is registered.

The National Will Register is particularly useful if the executor or close family members cannot locate the will. By registering a search, you can access information about the solicitor or organization that prepared and stored the will, giving you a lead on its whereabouts.

Send a Larke v Nugus Letter

If there are concerns about the will’s validity—especially if you’re a disappointed beneficiary—a Larke v Nugus letter may be appropriate. This formal request asks the solicitor or will writer who prepared the will to provide information about its creation. The letter usually includes a request for documents and evidence about the circumstances surrounding the will’s preparation.

The Law Society advises solicitors to respond to such requests to avoid potential legal disputes. For example, if you believe the will may have been altered under pressure or other suspicious circumstances, this letter provides a structured way to gather information without immediate court intervention.

Apply to the Probate Registry for Summons

If someone refuses to release the will or has it in their possession but withholds it, you may apply to the Probate Registry. If approved, the registry will issue a summons, compelling the person to submit the will to the registry. The summons includes a penal notice, meaning failure to comply may lead to imprisonment.

This approach is generally reserved for cases where there is reason to believe the will is being purposefully withheld. The summons effectively puts legal pressure on the individual holding the will to produce it within eight days or another reasonable timeframe as decided by the registry.

Request Court Intervention

If the will’s location is unknown but someone is believed to have knowledge of its whereabouts, you can seek court intervention. In this case, the court can order an individual to testify under oath about what they know regarding the will’s location. This step is particularly valuable if someone with knowledge of the will’s storage is uncooperative.

Court intervention may also be used to compel a will writer or solicitor to respond to a Larke v Nugus letter. This process helps address the issue in a formal setting and ensures that relevant individuals provide all necessary information.

Probate Using a Copy of the Will

If the original will is lost but a copy exists, it’s possible to apply for probate using the copy. This situation requires evidence showing that the will was not revoked, as there’s a presumption that a missing will may have been intentionally destroyed by the deceased to revoke it. If you can demonstrate that the will was not revoked, the registry may issue probate based on the copy.

This process can be complex, as it relies on presenting convincing evidence that the original will was not intentionally destroyed. However, if the circumstances align, probate on a copy allows the executor to proceed with the estate’s administration, ensuring the deceased’s wishes are respected.

Final Thoughts

Obtaining a copy of a will can be a straightforward process when the executor is cooperative and probate has been granted. However, in situations where the will’s validity is in question, or someone is withholding the will, understanding the various legal avenues available is essential.

The probate process and rules around wills can seem daunting, but the UK legal system provides multiple methods to ensure that the deceased’s wishes are honoured. From requesting a simple copy from the executor to filing a standing search or even seeking court intervention, each step can bring you closer to resolving the estate and gaining clarity on your loved one’s final wishes.

By knowing your options and understanding the importance of each step, you can navigate the legal complexities surrounding wills more effectively. This knowledge can be invaluable during such a difficult time, helping you honour your loved one’s intentions and move forward with their estate in a respectful and lawful manner.

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