Obtaining a Copy of the Will & Standing Searches

When reading through this guide, it will be helpful for you to understand the following terminology:

• “Testator” means the person who has written a Will.
• “Personal representatives” means the people who administer the estate of the deceased, also known as executors (where there is a Will) or administrators (where there is no Will, or where the Will does not validly appoint executors).
• “Beneficiary” means a person who receives an inheritance under the Will or the intestacy rules (where there is no Will).
• “Grant of Representation” Personal representatives are responsible for dealing with the estate of a deceased Person. Their authority to receive the assets in the estate is proved by a Grant of Representation, also known as a Grant of Probate (where there is a Will that validly appoints executors) or Letters of Administration (either where there is no Will or where the Will does not validly appoint executors).
• “Standing search” means a request to the probate registry send a copy of a Grant of Representation if it is granted in the next six months.

Obtaining a copy of the Will before the Death of the Testator

In general, a Will is a private document unless and until a Grant of Representation is issued.

A Will may usually be changed or revoked at any time by the Testator, and it has no effect until their death.

While the Testator is still alive, usually nobody other than the Testator is entitled to receive a copy of the Will, and solicitors are under a duty to keep the contents confidential.

There may be exceptional circumstances in which the Will of a Testator who is still alive may be disclosed but specific legal advice would be needed about this.Usually. the contents should only be disclosed with the Testator’s authority, or to the Testator’s legally appointed attorney if the Testator lacks mental capacity to authorise the disclosure him/herself. An attorney can be appointed by the Testator during his/her lifetime under either a Lasting Power of Attorney or an Enduring Power of Attorney made prior to October 2007.

Obtaining a copy of the Will after the Death of the Testator

After the Testator has died, the Personal Representatives are entitled to see the Will and to know its contents. If there are no validly appointed executors in the Will, there are rules to determine who is entitled to take out the Grant of Representation, and such person/people will also be entitled to see the Will.

The position regarding other people (i.e. not the Personal Representative) obtaining a copy of a Will differs according to whether or not there a Grant of Representation has been issued yet.

Before a Grant of Representation is issued

The Will remains a private document following the Testator’s death until a Grant of Representation is issued. Prior to this, only the Personal Representatives are entitled to see a Will. Beneficiaries of a Will do not have any absolute right to see the Will where the Will validly appoints executors.

In some cases, however, it is not necessary to apply for a Grant of Representation, for example if the estate is very small, or if all assets are held in joint names as joint tenants. In these circumstances, the Personal Representatives may choose to send a copy of the Will to the main beneficiaries.

Additionally, if there is an inheritance dispute the parties bringing or contemplating bringing the claim may ask the Personal Representatives to share a copy of the Will.

After a Grant of Representation is issued

Once a Grant of Representation has been issued, the Will becomes a public document, and anyone can apply to receive a copy either electronically or by post using the Gov.uk website

Where no Grant of Representation is required

If a Grant of Representation is not required (or if no application for the Grant is made), it may be difficult for anyone to obtain a copy of the Will of the deceased as it would therefore not be possible to obtain from the Gov website. This is because a Will remains a private document unless such a time as a Grant is issued.

However, in these circumstances, the Personal Representatives may still choose to send a copy of the Will to the main beneficiaries or those investigating an inheritance dispute.

Where the Will cannot be located

It is important to carry out a thorough search for any Will documents made by the Testator following their death. If they had a previous solicitor who managed their affairs, it is recommended that you make enquiries with them. Thorough searches should be carried out of the Testator’s home, office and any other places they would usually store paperwork.

It is also recommended that a search of the National Will Register is carried out to see whether there are any records of a Will having been registered by  the Testator. In the UK it is not compulsory to register your Will, but with over 10 million entries, a search of the National Will Register may provide details of an unknown Will, or a Will that is thought to have been lost. It is also possible to ask the National Will Register to carry out a search of local will-writing firms to check whether they may be holding a Will. (Other commercial Will register, and in some cases Will storage organisations also exist).

Standing Searches

If the person died recently (e.g. within the last six months) and a search of the Gov.uk website reveals that no probate has yet been issued, it is possible to apply for a standing search. Carrying out a standing search will mean that you are sent a copy of the Grant of Representation as soon as it has been issued. The copy will not be sealed.

However, it is important to note that after a period of six months from the date the standing search is entered, your search will expire. If a Grant of Representation has not been issued within that time and you wish to continue to monitor via a standing search, you can extend the search for a further six months within one month of the expiry date.

Other Matters to Consider

If you are intending to challenge the validity of a Will (or bring a claim against an estate) it may not be advisable to await the issue of a Grant of Representation before taking further steps regarding your dispute. A Caveat can be sensible in order to block the issue of a Grant of Representation (see here).