My Sister Won’t Show Me Mum’s Will: What Can I Do?

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has more than 30 years’ legal experience.

Written by Tanya Waterworth, Digital Content Writer

How to Check Probate, Find The Executor, Enter a Caveat & Investigate Concerns

When a parent dies, sometimes a situation arises where a sibling won’t share the will and our callers’ questions, such as “My sister won’t show me mum’s will: what can I do?” are not uncommon. If a sibling appears reluctant or outright refuses to share a will, many people fear that something has gone wrong, they may no longer be a beneficiary or that their parent’s estate isn’t being properly handled.

If you find yourself in this situation, don’t panic. We explain below legal steps you can take to find out what’s happening and investigate any concerns in England and Wales. However, it’s advisable to act quickly and get specialist legal advice from a contentious probate solicitor.

Why Won’t My Sister Show Me Mum’s Will?

There are many reasons why a sibling may refuse to provide a copy of a will. But if your sister is refusing to show you the will, it’s sensible to establish the facts as early as possible. Some explanations are innocent, while others may justify further investigation.

Here’s some examples – your sister may:

• Be struggling emotionally after the death
• Not understand her legal responsibilities
• Believe the contents should remain private
• Be waiting for probate to progress
• Be concerned about family conflict

However, concerns tend to arise where:

• A previous will existed and the new will is unexpected
• One sibling appears to have received most of the estate
• The deceased was vulnerable or suffering from illness
• Access to documents is being deliberately restricted
• Information about the estate is inconsistent

First Step: Find Out Whether Probate Has Been Granted

A key question is whether probate has been granted. Probate is the legal process of dealing with a person’s estate after they pass away.

Once a Grant of Probate is issued, the will generally become a public document and you can search GOV.UK probate records to find a will. If probate has been granted, obtaining the will is straightforward.

Checking the probate position can quickly answer several important questions, such as:

• Is there a valid will?
• Has someone applied for probate?
• Who is acting as executor?
• What date was probate granted?

Here’s some practical tips and insight:

• Search using your mother’s full name and the year she died.

• Check the type of grant recorded.

• If the record includes a will, order a copy.

• If nothing appears, do not assume that no will exists; probate may not have been granted yet, or the record may not have appeared online.

Can I See Mum’s Will Before Probate?

If probate has not yet been granted, you may not be able to obtain a copy of your mum’s will through the public probate records. However, that does not necessarily mean you have no options.

You can ask your sister whether a will exists and who holds the original. If you know which solicitor prepared it, you can contact them to explain the situation and ask what information they are able to provide. Whether they can disclose the will or other documents will depend on the circumstances and their professional obligations.

If your sister is the executor, you can also ask her in writing for information about the estate and explain why you are concerned. Keep a record of any responses or refusals. If you have specific reasons to suspect that the will is invalid or that someone is improperly influencing the administration of the estate, a contentious probate solicitor can advise on what you can do next.

Is Your Sister the Executor?

A common source of confusion is the difference between being a beneficiary and being an executor. It’s not unusual for an executor to also be a beneficiary. However, an executor is the person appointed in the will to administer the estate and their responsibilities include:

• Collecting assets
• Paying debts
• Applying for probate
• Distributing the estate

An executor administers the estate in accordance with the will and their legal duties. The executor’s authority is not the same as ownership of the estate’s assets, and being an executor does not automatically mean they are entitled to the whole inheritance. Therefore, executors cannot simply ignore legitimate concern or use their position as executor for personal advantage.

Finding out whether your sister is acting as executor is a crucial early step. If probate has been granted, the executor’s name will appear on the Grant of Probate

What If Probate Has Not Been Granted Yet?

If probate has not yet been issued and you have concerns about the circumstances surrounding the will, you may need to act quickly. This is particularly important if you suspect there may be issues around the will, such as if the deceased was lacking in capacity, may have been coerced or if the will has not been properly executed e.g. signed and witnessed, or if wording is ambiguous.

You can:

• Ask the sister in writing for confirmation of whether a will exists and who holds it.

• Contact the solicitor who prepared the will, if known, to establish what information they can properly provide.

• Keep a record of previous wills, relevant correspondence and specific reasons for concern.

• Seek specialist advice promptly if there is a genuine dispute about validity or who should apply for probate.

Once probate is granted, estate administration may begin moving forward such as distribution of assets.

Putting a Caveat in Place To Prevent Probate

If the will is not yet a public document, it becomes more difficult to confirm who is executor. Beneficiaries are generally entitled to appropriate information about their inheritance. But a person does not automatically have a right to inspect a living person’s will, or every document held by the deceased’s solicitor, simply because they are a relative.

However, a caveat is often one of the most effective tools available when concerns exist about a will as it prevents the Probate Registry from issuing a Grant of Probate while it remains in force. This gives the person who enters it time to raise concerns about the will or the appointment of an executor. A caveat initially lasts for six months and can be extended.

A caveat can be particularly useful when:

• A sibling refuses to provide information
• The circumstances of the will are suspicious
• The deceased lacked capacity
• You need time to gather evidence

It’s important to understand that a caveat is not simply a tactic to delay matters. It should only be used where genuine concerns exist. Entering a caveat can lead to legal proceedings and costs if the dispute escalates and a contentious probate solicitor can advise whether a caveat is appropriate in your circumstances. A refusal to share a will, on its own, does not necessarily justify entering a caveat. There should be a genuine dispute relevant to the probate application.

Can I Contest Mum’s Will?

Many people assume that refusing to share a will automatically means the will can be challenged. However, this isn’t necessarily true. To contest a will successfully, there must usually be recognised legal grounds, for example

• Lack of testamentary capacity
• Undue influence
• Fraud or forgery
• Lack of knowledge and approval
• Failure to comply with legal formalities, such as witnessing a will correctly.

The above challenges to the validity of the will itself. In such cases, proper evidence is vital, such as medical records, solicitor notes and previous wills may all become important. A successful claim may result in the disputed will being set aside

The Inheritance Act Is Different

Many families confuse a will contest with an Inheritance Act claim. They are not the same as an Inheritance (Provision for Family and Dependants) Act 1975 claim accepts that the will may be valid, but that it fails to make reasonable financial provision for some individuals. This is different to challenging a will’s validity where a will may be set aside.

For an Inheritance Act claim, potential claimants may include:

• Spouses
• Civil partners
• Former spouses in some circumstances
• Children
• Individuals financially dependent on the deceased

For example:

You might have no evidence that your mum’s will is invalid. However, if you were financially dependent upon her and received little or nothing from the estate, an Inheritance Act claim may be worth investigating.

Note: An Inheritance Act claims generally need to be brought within six months of the Grant of Probate, so acting quickly is crucial.

Red Flags That Something May Be Amiss

While every family dispute is different, there are some common warning signs which indicate further investigation may be necessary, such as:

• A sudden change to a longstanding will
• Isolation of the deceased before death
• A new will created during serious illness
• Significant gifts to one sibling only
• Missing estate information
• Refusal to answer basic questions
• A sibling controlling all communication

Why You Should Speak to a Contentious Probate Solicitor

If your sister won’t show you your mum’s will, specialist advice can help you understand your options before mistakes are made. We partner with experienced contentious probate solicitors who offer a free, initial consultation to assess your case.

A contentious probate solicitor is able to:

• Check the probate position
• Investigate the identity of the executor
• Assess whether a caveat is appropriate
• Obtain relevant documents
• Evaluate grounds for contesting the will
• Advise on Inheritance Act claims
• Protect important deadlines
• Attempt to resolve disputes without court proceedings

Most importantly, a solicitor can distinguish between a genuine legal claim and a family disagreement that may not justify litigation.

What To Do Next

If your sister refuses to show you your mum’s will, there are steps to check whether probate has been granted, identify the executor, obtain a copy of the will from probate records, enter a caveat to stop probate while concerns are investigated, or explore an Inheritance Act claim if you have not received reasonable financial provision. A contentious probate solicitor can advise on the most appropriate action to take based on your specific circumstances.

Our partner panel of law firms are here to help. They offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding, as well as a free no-obligation consultation.

Contact our team on 0333 358 3034. Alternatively, complete our online contact form and we will call you back.

Disclaimer

This guide provides general information and is not legal advice. For personalised guidance, please speak to a qualified solicitor.