As Next Of Kin, Will I Receive A Copy Of A Will ?

[CW1]

Hi,

A close relation that my sister & I have been estranged from for a couple of years (though have been kept up to date with things by social worker & care home) died 2 weeks ago. The executor is a solicitor who didn't even tell us the funeral is to be unattended (funeral director told me), & she's dealing with absolutely everything, including registering the death.

No mention has been made yet of us being shown the will, let alone given copies so the solicitor could be telling us anything (though I've absolutely no reason to think she is, it's the principle of the thing).

Should we, or at least I (as next of kin) see it or get a copy ?

[murraymints]

if it has been registered it is a public document available on request

have you asked the solicitor

[kvalidir]

If you go here, you will be able to order a copy of the will, and not have to rely on the solicitor to provide it, although it doesn't hurt to ask to see it. x https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records

[Neveracrossword]

I don't think 'Next of kin' has any status, meaning, in law.

[CW1]

murraymints, sorry, when I said registered, I meant the death (which I'd previously thought close relations did). My sister's dealing with the solicitor so no, the solicitor hasn't been asked (I don't know who the solicitor is yet).

kvalidir, I'll have a look at that thanks, though may be too soon (?). The solicitor's office is opposite the funeral director & I'm going there this week so I'll try speak to the solicitor then.

Thanks :)

[ubasses]

As my limited training led me to understand. There is no legal right to see the Will before Probate. After Probate it is a public record and you can make an application. There is no harm in asking the Solicitor if you can see it, they may be happy to show you.
From what you have said it would appear that your relative has probably left instructions, either in the Will or a letter stipulating that the Solicitor is to deal with everything and the funeral should not be attended by anyone.

[CW1]

"From what you have said it would appear that your relative has probably left instructions, either in the Will or a letter stipulating that the Solicitor is to deal with everything and the funeral should not be attended by anyone."

Spot on. Should the solicitor have told us about the funeral not to be attended ?

[woofgang]

depends....did he think you intended to attend?

[CW1]

At the time he would've written the will, years ago, no. We had seen him since, amicably, a fair bit in the few years before 2016 or so, but the solicitor's been speaking to my sister so wouldn't she have thought to mention it,being probably the only thing in the will that *does* actually affect us?

[woofgang]

sorry, I meant did the solicitor think you would attend?

[CW1]

Oh, oops ! The solicitor, I think, made contact with my sister initially (& assumed she's next of kin as she lives closer *doh*) so can't think of any reason why she should think we wouldn't want to attend, 'cos we would've. Unless there's more in the will she hasn't told us (very possible as she still hasn't even mentioned "no attendance" yet, I found out from the funeral director !). As it is we're following the hearse as far as we can ...

[woofgang]

There may be a part of the will forbidding the solicitor to discuss certain matters with you? Forgive me but why are you so concerned with the funeral if the person did not wish you to be there?.....they could have changed the will had they wanted to.

[CW1]

Not "concerned", but would've liked to have gone to my dad's funeral. He wouldn't have thought to get his will changed when we did "find" each other again & we both saw him regularly as he was pretty much housebound, was in & out of hospital & ultimately diagnosed with dementia.

He was, throughout his life a loner, & at the time he would've written the will, he *was* alone - his choice (eg. he'd hang up on me whenever I rang him) - & I reckon he put that in the will to "save face" as he would've assumed nobody would [want to] go to his funeral. He was wrong.

[Peter Pedant]

oh dear where are the will writers and probate experts

so far we are correct in saying youo have virtually no rights in this matter
but as far as I know no one can ban you from a funeral
you can just turn up

it seems obvious to me that the solicitor has been appointed executor and is doing everything as insturctred as he can charge the estate ( and how!)
but that again was in your brothers control and not yours

as soon as probate is granted
( yup the solicitor will do that .. and charge )
you can see a copy of the will by applying to the probate office where it was presented - usually the nearest one to the place of death

you only have a right to an account if you are named as a residual beneficiary ( 'and the rest goes to Aunt Euphemie)

N o k have no rights or virtually no rights in this
and that has been the case since the 1837 WIlls Act.

he has been in contact with your sister and that is as much as you can hope for.

[woofgang]

well.....yes and no.....I inquired into this for my own reasons when my husband died and was told that actually it is possible to refuse admittance to people at a funeral. This was at a crematorium and not a church. The crem chapel is not a public place and effectively whoever has paid for the funeral has rented that space for the duration of the funeral and with the obvious exceptions of people like the police and crem staff, it is up to the renter who may and may not be granted admission. Effectively its like renting a function room in a hotel and the same rules apply. I believe that this may be different in a church and a churchyard but that did not concern me so I never enquired.

[CW1]

woofgang, exactly. It was a crem & they were adamant we weren't allowed in but we followed the hearse & had our own little "ceremony" outside. I can see where it would be difficult to enforce "non attendance" in a churchyard.


As far as the will goes, all I want it to make sure no eventual beneficiary (will be a charity) is ripped off - who's keeping on eye on maybe ott funeral charges (especially as there was only 1 car & no service), solicitor fees (which will be extortionate Peter, obviously, though dad (brother ??) would've been aware of that when he appointed them executors), bill for carers, etc. etc. ? The solicitor will be in touch once they've sorted the finances (messy, apparently) as aside from anything else, there are some personal belongings that presumably his daughters will be offered - can't imagine the will says anything to the contrary though will keep an eye out for it going on the public domain if there's no official reading.

[Peter Pedant]

who gets what is entirely dependent on the terms of the will. The executors govern the cost of settling and yup you noticed it is the solicitor, who is allowed to charge ( lots!) under the Trustee Act 2013

if the terms of the will say 'flog it all and send to the dogs home' then the solicitor / executor will do just that. members of the family dont get a look in

[HansUrbancka]

Unless you are mentioned in the Will the Solicitor will have nothing to tell you.

Hans.

[sadielady]

I don't understand if he didn't want anyone to attend why he wanted a funeral at all. The undertakers on the instructs of the solicitor, could just have had him cremated

[Barmaid]

If it is going to charity, I wouldnt worry since most charities employ legacy officers who are generally extremely good at protecting their charity's entitlement.