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!

If the will states that the house is to go to a certain person then the executors are legally obliged to arrange that. At least one executor is often a solicitor, have you checked to see if that’s the case here?

@Stickseas0n Regardless of the will if there are debts to be paid the house will be sold to pay them off. Creditors must be paid from the estate before anything goes to any beneficiary. There might not have been any funeral arrangements in the will so cremation is the cheapest, funeral costs are allowed from the estate but there might not be money there to pay for it so someone has to cover the cost first.

If the will stated that the testator wanted to be buried, the executor is obliged to abide by that wish, provided there are funds available and the burial plot is already purchased/available for purchase.

You can see the will once probate has been granted. You will be able to check that the executor followed the wishes of the deceased regarding their funeral.

The house does not have to be sold before the will is read.

It doesn’t, but it can be marketed to sell at any time. Probate has to be granted before the sale can complete, and once probate IS granted, the will becomes public so anyone can get a copy of both the will and the grant of probate. The house cannot be sold until this happens, and it cannot be sold contrary to the instructions in the will.

Do you know who the executor is?

My dad specified where he wanted to be cremated and scattered, but nothing specific about music/service. A solicitor is the executor and told us what we needed to know.

The executors will have seen the will and it is up to them to carry out the wishes of the deceased person. They can show you the will if they want to buy it sounds as though they don't want do. Do you know who the executors are? And why they don't want to show anyone the Will?
If you suspect they are not carrying out the wishes of the deceased you could talk to a solicitor to see if you can do anything.

Will readings are not a thing. Just ask the executors whether the will says anything about the funeral.

What if the will states the house is to go to a certain person rather than sold

The house can only be sold by the executors. They won't sell it if the will says it is to go to one person.

Just found out that my family member is not listed as executor of my family members house
I'm so confused

Executor of the will? They may have letters of administration to enable the sale,

I'm not sure you understand what being an executor means? Your family member may be in line to inherit the house, it does NOT mean that they have to be an executor of the will, two completely separate things. The executor could be another family member(s) and/or a solicitor. Their job is to carry out the wishes of the deceased and ensure that all debts are paid, accounts closed, relevant parties notified, etc. They may or may not be beneficiares of the will itself.

Also, as mentioned several times, I don't know why you need to understand this anyway? Leave it to the executors and professionals to sort out.

You do seem confused.

Person dies.
Executors have the will.
Executors apply for probate.
Wait some weeks/months.
Probate granted, the will is made public.
Executors carry out terms of will, such as sale of house and distribution to beneficiaries.

NB Executors and beneficiaries could be the same or different people.

This 100%.

The solicitor could well be executor - it doesn't have to be a family member. An executor is is the person who is tasked with carrying out the instructions in the will and for handling the estate - it doesn't mean they will benefit in any way from the will itself. If there are funeral requests made within the will then the executor needs to make these known (from a moral standpoint at least) so that they can be fulfilled where possible, otherwise in terms of inheritance you will need to wait for the executor to contact you with further information at the right time.

YY - my parents nominated a solicitor to be executor, to reduce the work for me and DBro when the time came.

There is no ‘executor of the family member’s house’.

There’s an executor of the will (carries out the terms of it) and a beneficiary of the will (receives money or assets from it).

Which is nice but the downside is you have to pay the solicitor.

Well, yes, but I was responding regarding the OP’s confusion about a family member not being an executor.

(also, to us, the cost is very much worth it)

A will is a confidential document until probate is granted. Only the executors, who are named in the will, have a right to see it. Beneficiaries tend not to be told what they have been given until probate is granted (though if amounts are large, and especially if there are charity beneficiaries, a solicitor will sometimes write to the beneficiaries to tell them).
No one will actually be able to do anything, say with accounts, if they can't prove that they are the executor. And the executors are under a fiduciary duty to the beneficiaries if they don't do what the will has stated that they should. So beneficiaries are protected. If you have an idea of who the executors are, you could set your mind at rest by asking them.

Funeral arrangements are not often mentioned in a will. Usually the closest family member organises the funeral according to what the deceased has previously said and/or what is practical for the one arranging.

It is also possible that the deceased died intestate, without making a will. In that case a family member will complete paperwork (or pay a solicitor to do this) and then the estate is distributed according to set rules e.g. widow first, then children.

Is the will lodged with a solicitor who is the executor? They should be able to pass on info about any funeral wishes that might be mentioned.

Afaik a house cannot be sold until probate is granted.

When my parents died it took 2 years to sort out each of their estates as HMRC wanted to do extra checks and took forever. Our solicitor advised us not to discuss with beneficiaries ) other than the immediate family members to avoid us being harassed prior to all funds being liquid and ready for distribution. Depending on the money involved items have to be valued etc for probate. It sounds as though the house sale is a ruse to keep the inquisitive at bay