When a loved one passes away, it can be a challenging and emotional time, especially when it comes to managing their estate.

The first step is to determine whether the deceased left a valid Will or if they passed away intestate (without a valid Will). This guide focuses on situations where a valid Will is present.

If there is a valid Will, it will typically name an executor. The executor is responsible for administering the deceased’s estate according to the instructions in the Will. Beneficiaries, who can be individuals or legal entities, are those designated to receive assets such as money, property, land, or personal items from the estate.

Beneficiaries have rights in terms of information, and interest can be claimed on some financial gifts if deadlines for the distribution of the estate have been missed.

After the Grant of Probate is issued, the executor’s responsibilities include:

Informing Beneficiaries: The executor should notify the beneficiaries of the estate, informing them of their entitlement.

Maintaining Estate Accounts: The executor must keep detailed accounts of the estate.

However, in practice, these steps are not always followed. Here are some frequent questions we are asked by beneficiaries (or possible beneficiaries):

Does a beneficiary have a right to see the will?

There is no automatic right for a beneficiary to see a will before the grant of probate has been extracted and it is up to the Executor whether they are willing to provide a copy. If you are a beneficiary and want to see a copy, some of the options available to you are set out below. Once the grant of probate has been obtained, the will is a public document.

Request a Copy of the Will: Simply start by asking the Executor for a copy of the Will. Executors are often happy to provide a copy.

Check the Public Probate Register: If the Grant of Probate has been issued and you can’t get a copy of the Will from the Executor, you can check the Public Probate Register. Often, the Will is attached to the Grant of Probate and can be downloaded for a fee.

Apply for Pre-Action Disclosure: If you still can’t access the Will, you can apply for disclosure of documents before legal proceedings start, under Civil Procedure Rules (CPR) Rule 31.16(1).

The Court has the discretion to order pre-action disclosure based on the case’s facts.

Certain rules apply to these applications, so legal advice should be sought.

I don’t know if I am a beneficiary – how can I find out?

It can be frustrating if the Executor ignores your request for information. Whilst Executors do not have a duty to disclose information to people who are not named as beneficiaries under the Will, it is common courtesy for an Executor to simply confirm that someone has no entitlement.

If you would like to investigate further, a copy of the Will may be obtained from the online Probate Register if the Grant has been issued.

Legal advice should be sought prior to taking any further steps.

Can a beneficiary of a will see the estate accounts?

The answer to this depends on whether you are a residuary beneficiary or a specific legatee, also known as a legacy beneficiary. Both are explained below.

Residuary Beneficiary: The person (or organisation) who inherits the balance of the estate after all of the debts, expenses and other beneficiaries have been paid.

Legacy Beneficiary: A person who has been left a specific asset or a specific sum of money.

Only residuary beneficiaries and creditors are entitled to request estate accounts from the Executor. These accounts, prepared by the Executor, detail all the money that has come into and gone out of the estate as assets are sold and debts are settled. Once requested, the estate accounts should be prepared within a reasonable time.

If you are concerned that an Executor may not be keeping proper records, our contentious probate team can advise you on the options available to you.

The estate cannot be distributed until all debts and expenses are paid. Once this is done, if the estate has both legacy beneficiaries and residuary beneficiaries, there is an order for distribution:

1.    Legacy Beneficiaries: Receive their inheritance first.

2.   Residuary Beneficiaries: Receive the remaining estate after legacies have been paid.

Navigating the administration of a deceased loved one’s estate can be complex and emotional. If you encounter any difficulties, such as an uncooperative Executor, there are legal avenues available to ensure transparency and fairness. For legal advice, please reach out to our Contentious Probate team at Geldards.