viewing a will before probate

[firemanxxxx]

I have a relative who has recently died. My aunt is the executor, and I beleive she may be the main recipient under the will. I have no personal grounds, or wishes, to contest the will, but have a sneaking suspicion that she has manipulated our relative. I would dearly like to see the will before the estate is finalised. I understand that nobody is entitled to see the will until probate has been granted. How can someone contest a will if they can't see it? Or am I mistaken?

[Buenchico]

You have no right to see the will before probate is granted (although there is absolutely nothing to stop your aunt showing it to you if she wants to).

Executors are placed in a position of trust to ensure that the terms of the will are faithfully carried out. If they fail to do so they can be held personally liable for any losses suffered by a beneficiary. (If the executor fails to ensure that a beneficiary receives their share of the estate, that beneficiary can then sue the executor, forcing them to pay out of their own pocket).

All wills become public documents once probate has been granted. Anyone who anticipates that they might need to contest a will (or, indeed, anyone else who is interested in it) can enter a standing search with the probate registry. (There's a £5 fee for the service, which must be renewed after 6 months if probate hasn't been granted within that period). As soon as the grant of probate is issued, the person who has entered the search will receive a copy of it (which includes a copy of the will):
http://www.hmcourts-s...e.gov.uk/cms/1211.htm

Chris

[firemanxxxx]

Thank you for that, Chico. I might be a little confused over the definition of "probate granted". I thought that this was the end of the process, but if so, how can anyone contest a will after it is settled?

How long does it normally take for probate to be granted? As I said earlier, I have absolutely no grounds to DEMAND an inheritance, although it was probably expected. We have various family issues going on, and the contents of the will, as well as the date of any changes may support my ascertations over other matters. Sorry to be cryptic, but I really don't want my aunt to become aware of my interest.

Thankyou

[Buenchico]

A grant of probate simply gives the executor control over the estate, so that he/she can distribute it in accordance with the terms of the will. (For example, the deceased person's bank won't hand over any money to the executor until he/she provides them with a certified copy of the grant).

Your question about how long it takes to obtain probate is akin to asking 'how long is a piece of string?'. When I sought probate over my father's estate the process only took a few weeks. That's because I sought probate in person (rather than using a solicitor) and obtained all of the relevant information (e.g. from the Inland Revenue and from his pension provider) very quickly. However, in some cases it can take several years to obtain probate. (That's generally when the estate is complex and the matter is handled by an inefficient solicitor). In general a delay of between two and six months might not be regarded as unusual.

Chris

[firemanxxxx]

Thankyou for that, Chris. I think I now understand. The £5 fee for the standing search may be the best idea. Thanks again.