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If I apply for a copy of a will, does the beneficiary get to find out?

4 replies

frazzled1 · 19/02/2013 21:33

My uncle died over a year ago and his wife has hinted on occasions since that my DB & I will inherit from him on her death. (She was his second wife, his first wife of many years was my DM's DSis. They had no children and were very close to our family. His second wife has grown-up DCs). She once told my DB that my uncle's will was with a solicitor who happens to be retired and also related to her (?) but as ever she was short on detail. I don't want to push as she's an elderly lady but for the sake of my DB & I (to say nothing of our children), I feel I need clarification.
My questions are:
If I apply for a copy of the will, does she get to hear of this as the sole inheritor or is my request anonymous so to speak?
Will the copy of the will state which solicitor it is stored with or is this now irrelevant given that probate has been granted? (There seems to be some sort of trust which the solicitor is involved with though).
If indeed my DB & I will inherit on her death (i.e. she has some sort of life interest in the savings scheme she's alluded to), shouldn't we have been informed of by the executors when probate was granted?
Many thanks in advance!

OP posts:
mumblechum1 · 20/02/2013 09:41

Hmm, anyone is entitled to a copy of a deceased person's will. The difficulty is that your aunt could, if she wished, and assuming that there was no mutuality clause, change her will at any time, and give the joint estate to a third party.

You are right in thinking that the whereabouts of your uncle's original will are irrelevant now that probate has been granted.

Finally, no, the executors don't need to inform potential beneficiaries until such time as your aunt dies.

JennyWren · 20/02/2013 09:56

Would the original will actually be irrelevant though, if the aunt had been left support comprising interest earned in respect to an amount held in trust, with the actual capital held in the trust being maintained until her death and then passing to the OP? OP - I'm not a solicitor so I bow to anyone who is, but I thought that the above would be possible. Is it possible that your uncle left his estate in trust, for your aunt to benefit from the interest in her lifetime but then for the capital to be divided between you, your brother and other potential beneficiaries (your aunt's DC? The cat's home?). Although I would have throught tat you would have been informed of that at the time of his death...

mumblechum1 · 20/02/2013 10:00

If that is the case (ie that there is money held in trust), then the copy will and grant of probate (of the first will) would be sufficient if the original has gone astray.

frazzled1 · 20/02/2013 21:55

Thanks for your helpful comments - am going to request a copy of the will!

OP posts:
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