When someone dies, it is common for family members and beneficiaries to want clarity about the contents of the Will and how the estate is being dealt with. However, the legal position is often misunderstood. Beneficiaries do not have an automatic right to see a copy of a Will, and their access to it may depend on the type of gift they receive under the Will and the stage of the probate process. 

Who controls the Will? 

The person responsible for dealing with the estate is known as the executor where there is a Will, or the administrator where there is not. Together, they are referred to as the personal representatives. They have a statutory duty to collect in the estate, pay any debts, and distribute the assets in accordance with the Will or the rules of intestacy. 

Until a Grant of Probate has been issued, the Will remains a private document. Executors are entitled to see it because of their role, but they are not legally obliged to provide a copy to beneficiaries at this stage. 

Can a beneficiary ask to see the Will? 

Yes, a beneficiary can request to see the Will and in most cases, a beneficiary will be told that they are named in the Will and what gift they will receive, but it is at the executor’s discretion whether a full copy of the Will is shared before probate is obtained. 

That said, many executors choose to provide a full copy of the Will voluntarily, particularly where this helps manage expectations, avoid disputes, or maintain transparency between family members. 

What happens once probate is granted? 

Once the Grant of Probate has been issued, the Will becomes a public document. At that point, anyone can apply to the Probate Registry for a copy of the Will for a small fee. This means beneficiaries (and non‑beneficiaries) are able to see the Will regardless of whether the executors have provided a copy themselves. 

What information are beneficiaries entitled to? 

Although beneficiaries’ rights to information are limited, there are some key points to be aware of: 

• Beneficiaries are entitled to know the nature and value of their entitlement under the Will. 

• Residuary beneficiaries (those entitled to a share of what remains after debts and specific gifts are paid) are entitled to see the estate accounts once they have been prepared. 

• Executors should keep accurate records and be in a position to account for their administration if asked. 

Executors are not required to comply with every request for information, but they must act properly and in the best interests of the estate, which includes beneficiaries named under the Will and potential beneficiaries. 

What if there are concerns? 

If an executor refuses to provide information without good reason, delays unreasonably, or there are concerns about mismanagement of the estate, beneficiaries may have options to take matters further. This can include requesting formal accounts or, in serious cases, making an application to court. 

How we can help 

Administering an estate can be complex and time-consuming, particularly where there are multiple beneficiaries or concerns around information and communication. Executors and administrators must balance their legal duties with the practical realities of dealing with those involved in the estate. 

If you would like assistance with the administration of an estate, including guidance on your responsibilities as an executor or administrator, or your rights as a beneficiary or potential beneficiary and ensuring the estate is dealt with properly and efficiently, our Private Client team would be happy to assist.