When Can Beneficiaries See a Will?

Written by Tanya Waterworth, Digital Content Writer

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

How to Challenge a Will If You’ve Been Excluded

When someone close to you dies and there’s uncertainty over their will, one of the most common questions is ‘When do beneficiaries get to see a will?’. It is typically a traumatic time for families when emotions are running high. Basically, the executor sees the will before probate is granted, while after probate is granted the will becomes a public document. However, executors may often share the will early and while there’s no legal duty to so, it may avoid family conflict.

But if you find out that you’ve been excluded, there are steps you can take to challenge a will. This falls under contentious probate law which is technical, so get in touch with our team today to arrange a free consultation.

 

When Can Beneficiaries See a Will?

1. Before Probate Is Granted

Before probate is granted, beneficiaries do not automatically have the right to see the will. At this stage, the will is a private document. Typically, only the executor, who is the person appointed to manage the estate, is allowed to access it.

However, in practice, many executors do share the will early to avoid suspicion or conflict. They are not required to do so, but transparency often prevents disputes. This often depends on family dynamics and the executor’s discretion.

2. After Probate Is Granted

Once probate is granted, everything changes. The will becomes a public document. So, not just beneficiaries, but anyone can apply for a copy through the Probate Registry for a small fee.

This means beneficiaries can see:

• The entire will
• Any codicils (official amendments)
• The name of the executor
• The general outline of the estate administration

This transparency is designed to protect beneficiaries and support accountability.

3. If There Is No Probate Grant

In some instances, probate isn’t required. For example:

• The estate is very small
• Assets are jointly owned and pass automatically to the surviving owner
• Bank balances fall below a threshold where probate isn’t needed

In these situations, the will may never become public. However, beneficiaries can normally request a copy from the executor. Executors should act reasonably and avoid withholding the will unnecessarily, although there is no statutory requirement to share it unless probate is granted.

Who Has the Right to View the Will Before Probate?

Before probate, the will is controlled by the executor. But there are a few exceptions where certain individuals may see the will earlier:

The Executor

Executors must see the will immediately so they can start administration of the estate.

A Named Professional (e.g., Solicitor)

If a law firm holds the will, they must release it to the appointed executor, but not necessarily to beneficiaries.

A Beneficiary Under a Previous Will

If they believe there’s a more recent or invalid will, they may ask for disclosure. However, the executor isn’t required to share the document until probate is granted.

What If the Executor Refuses to Show You the Will?

If an executor refuses to share the will before probate, you may want to:

• Apply for probate records once the grant is issued.
• Make a Larke v Nugus request, asking the solicitor who drafted the will for details and circumstances about its preparation.
• Seek legal advice if you suspect wrongdoing, undue influence, or fraud.

Executors are required to act in the best interests of the estate. Deliberately withholding information, causing delays, or acting dishonestly can be grounds for a formal challenge.

What Can You Do If You’ve Been Left Out of a Will?

Being left out of a will, especially if you weren’t expecting it, can be devastating. But depending on your relationship to the deceased and the circumstances, you may have legal options to challenge the will or claim financial provision from the estate.

Here are the main grounds and routes for challenging a will in England and Wales:

1. Challenge the Will’s Validity

You may be able to dispute the validity of a will if you suspect it wasn’t made properly. A will can be ruled invalid if:

Lack of Mental Capacity

The person making the will (the “testator”) must have understood:

• What they owned
• Who they were choosing to benefit
• The effects of making or changing the will

If they lacked capacity, due to dementia, illness, or medication, the will may be invalid.

Undue Influence

If someone pressured, manipulated, or coerced the testator into changing their will, this constitutes undue influence. It’s difficult to prove, but strong evidence can lead to the will being overturned.

Fraud or Forgery

If signatures were forged or pages were altered, the will can be challenged.

Improper Execution

A valid will must be:

• Written
• Signed by the testator
• Witnessed by two independent adults present at the same time

If any of these rules weren’t followed, the will may be invalid.

The Existence of a Later Will

A newer will always supersedes earlier versions. If you have reason to believe a later will exists, you can investigate and request disclosure.

 

2. Make a Claim Under the Inheritance (Provision for Family and Dependants) Act 1975

Even if the will is valid, you may be able to claim reasonable financial provision  under the Inheritance Act if you were:

• A spouse or civil partner
• A former spouse or civil partner who has not remarried
• A cohabitee (living together for at least two years)
• A child (including adult children)
• Someone treated as a child of the family
• A dependant financially supported by the deceased

To succeed, you must show that the will didn’t make reasonable provision for you.

Courts will consider:

• Your financial needs
• The size of the estate
• The relationship you had with the deceased
• Contributions you made to the estate

This type of claim must normally be made within 6 months of the grant of probate, so timing is crucial.

 

3. Challenge the Executor’s Conduct

You may want to challenge the executor if you suspect the executor is mishandling the estate: This can be relevant if you believe:

• Assets are being hidden
• The executor is acting dishonestly
• You are being deliberately excluded or misled

 

4. Mediation

Most will disputes settle through mediation rather than court. Mediation is often:

• Faster
• Cheaper
• Less stressful
• More flexible

A neutral mediator helps both sides reach an agreement without having to go to court.

How to Start the Process of Challenging a Will

If you believe you’ve been wrongly excluded, consider the following steps:

1. Get a Copy of the Will

If probate has been granted, request a copy from the Probate Registry. If not, ask the executor.

2. Gather Evidence

Depending on your grounds for challenge, gather:

• Medical records
• Emails or letters
• Financial documents
• Witness statements

Seek Early Legal Advice

Strict deadlines apply, especially for Inheritance Act claims. Early legal advice strengthens your position considerably.

3. Enter a Caveat (If Challenging Validity)

A caveat temporarily stops probate from being granted, giving you time to investigate. It lasts six months and can be renewed. Your solicitor can help you with this.

4. Explore Mediation

Most cases resolve without going to court. Mediation often leads to a balanced settlement.

Contact Us for Your Free Consultation

Beneficiaries in England and Wales gain the right to see the will once probate is granted, at which point it becomes a public document. Before then, access is limited to the executor and those with a legitimate role in administering the estate.

Dealing with wills and inheritance disputes is emotionally stressful and legally complex. Acting quickly, especially within the strict time limits, gives you the best chance of securing a positive outcome.

So, if you’ve been excluded from a will or are unsure how to contest a will and need some help, contact us today for a free, no-obligation consultation on 0330 818 0349. Alternatively, complete our online contact form and we will call you back.

Our experienced panel of law firms are here to guide you through the process to get the advice and guidance you need at this difficult time.