Who can read my will after my death?

Who is able to read the will depends on whether or not probate has been granted. Only the named executors of the will can read the will before a Grant of Probate is issued. 

Once a grant of probate has been issued, anyone can read the will as a result of it becoming public. However, an application to the Probate Registry will be needed in order to read the will.

If probate is unneeded and the Probate Registry do not obtain the will, it will not become a public document and therefore not just anyone will be able to read it.

Who is the executor?

The executor is the person named by the creator of the will who is responsible for administering the will, which involves distributing the estate.

Duties of the executor include:

• Notifying beneficiaries of the death

• Notifying beneficiaries of the appointment of the executor

• Notifying beneficiaries as to what they are entitled to inherit

• Dealing with paying taxes and debts

• Distributing the estate

When does my will become a public document?

If probate is required for the administration of your will, the executor will need to apply for a Grant of Probate. Once the Grant of Probate has been issued, the will becomes a public document. Anyone can then view the will as long as they apply to the Probate Registry and pay the fee.

Until the grant has been issued only the named executors can view and read the will. If anyone else wishes to read the will, they will need the written permission of all named executors.

Only the most up to date will becomes a public document. Any previous versions of the will remain private.

If probate isn’t needed, then it won’t be provided to the Probate Registry, which means only the executor(s) will see the will. Generally, executors show the will to the beneficiaries, though it is up to their discretion.

Can one of my beneficiaries request a copy of my will?

There is no law that requires an executor to disclose the full will or its terms to anyone, though a beneficiary can ask for a copy.

If the executor refuses to show the will to the beneficiary, they can request the advice and instruction of a solicitor, who will make a formal request for a copy.

If the requests are ignored, a further option could involve a court application to compel the executor to apply for a grant of probate, which would result in the will becoming public. However, this doesn’t happen very often, and is generally only used as a last resort.