Can't see will until house has been sold

[Stickseas0n]

A family member has passed away.
We've just been told that we can't get a will reading done until the house has been sold, but we need to see the will for funeral arrangements surely?
I'm so confused, also in Scotland if anyone can shine some light on this

Thank you!

Wills don't usually cover funeral arrangements.

wills will have information on requests for funerals.

You can download a will from the gov.uk website once probate is granted.

I think people do like whether they want a cremation or burial.

Only the executors appointed in the will are entitled to read the will before probate is granted - so if you aren’t an executor that’s probably why you’re being told the will is unavailable. Usually the executors would also manage funeral arrangements unless otherwise specified, or indicate the deceased’s stated wishes to those who are. Who is this family member to you? Are the executors not their spouse / children / siblings etc?

I think usually the house can’t be sold until probate is granted (may be different in Scotland). Once probate is granted, you can order a copy of the probate certificate and will online for £1.50, so would be able to see the will prior to the house being sold. Appreciate that this isn’t helpful with regards to the funeral arrangements though.

We've just been told

Who by?

My Dad's will had his funeral wishes in it, but I already knew what he wanted as I helped him arrange my Mums, and he wanted the same,, I was also an executor.

Executors are the ones who usually see the will. Can you ask the executor if there is anything about funeral wishes in the will.

I should be named in the will as there should be something left to me but again without seeing the will it's quite hard to know

I was told this information by another family member

Have just searched on Gov but nothing coming up, but then noticed at the top it's for England and Wales only

So you don’t want to know about funeral arrangements, you want to know how much you’ve been left.

The executor should contact you to let you know if you’re a beneficiary and of what. It doesn’t sound as though you’re a very close relative who would expect to lead on funeral arrangements? When did this death take place? Probate can take several months, and executors will usually address things like the funeral, sorting out deceased’s banking and finances, stopping debits and accounts etc first so if a very recent death it’s not unusual that you’ve not heard anything yet.

The executors carry out the wishes in the will. If you’re not an executor it’s none of your business. If you are in charge of the funeral arrangements then you need to ask an executor what it says about that. Otherwise, you just need to wait patiently until the estate is distributed.

Only the executor(s) have the right to access any information in a will. Doesn't sound like you are one so the will reading will be done when the executor(s) carry out whatever instructions have been left, in this case selling the house.

There’s no such thing as a “will reading” either. And before you ask I am Scottish and have been the executor of a will in Scotland.

@HotCrossBunplease It's not typical in Scotland but it does happen with large families to make it easier to distribute jewellery or other items left in a will rather than trying to post things or store them until they are collected. Wouldn't be done if it was purely monetary though IME.

The family might not be Scottish, just live here and will readings might be very common in their family.

yes it’s not like Agatha Christie. My Dad’s will (he was Scottish) was seen only by my mum and by the solicitor. Annoyingly there have been complexities so confirmation has been granted but it’s still not completed. It’s taken more than a year to go through the process although I know all is left to my Mum. Mind you it shouldn’t particularly be a secret but that’s up to the Executors.

I have recently been an executrix in England.

The reading of a will is a scene constructed for dramas and the assets are not distributed the same afternoon like in films/TV either. If you are a beneficiary, it may be a LONG time before you receive what your relative bequeathed to you.

In real life, the executors usually know who they are and know where to find a copy of the deceased's will in his/her papers or know which solicitor to contact.

The executor(s) can tell you what's in the will if you need to know but until any debts and costs are paid and any taxes, they cannot be certain of the value of the residue of an estate.

The executor(s) will need to value the estate and apply for probate before dealing with any assets. Probate in GB can take a long time if the estate is complex. The gov website suggests up to 16 weeks!

I’ve never seen either of my parents wills. I wasn’t left anything. Nor was I an executor so no reason too.

I also didnt gather with my siblings (in a country mansion) for a reading.

What family member? One of the executors or just some random member? Are you involved in funeral arrangements - otherwise you personally don't need to see the will surely? Do you have some reason to believe that there are specific requests regarding the funeral in the will - there may or may not be.

You will have to wait until probate has been granted op, which can take at least 6 months or longer depending on the estate and other things.

Sorry for your loss.

Not really.
I'm confused by this whole process. I don't know why the house needs sold first before anyone can see the will
What if the will states the house is to go to a certain person rather than sold
I'm pretty sure my family member wanted to buried near to their daughter, but another family member is planning for cremation which is causing a fight, its not something they would have wanted and I think it will also be in the will

The house doesn’t need to be sold before you can be made aware of what’s in the will, it sounds as though the person who told you this isn’t an executor either and doesn’t know what they’re talking about / has misunderstood / is confusing probate being granted so house can be sold.

As you’re not an executor, all you can do is wait until whoever is informs you of the contents of the will, or wait until private is granted so you can read it yourself. You can’t receive anything willed to you before probate anyway, so there’s no rush.

If relatives can’t agree on funeral arrangements then the executors of the will will have final responsibility for the decision. It’s far better if the relatives can mediate between themselves.

Still not clear who told you all this?

If there is inheritance tax to be paid, it could be whats confusing matters. As that may need paying before any distribution is done, and if there is not enough cash in the kitty for it, plus any solicitors bills, it may mean the house needs to be sold before the matters of the will can be settled.

You don't need to see the will to be informed of any specifics re. Funeral. Was the deceased in a care home or have debts or bills which need settling?