Wills must be accessible beyond the conclusion of the probate process, as an individual or a creditor who was overlooked during probate may have a claim against the estate. This is the reason why probated wills become public records, meaning that anybody can apply to see a copy. In this article, how long does a will last, we take a look at these issues in more depth.
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What happens to a will when someone dies?
Only the executor, who is the individual or individuals named in the will to administer the estate, is permitted to view the will and study its contents after the decedent’s death. The executor may elect to provide a copy of the will to family members or close friends and permit them to see its contents, and there is typically no reason not to do so. However, legally speaking, this is not required of an executor. No one else, including beneficiaries, has the legal right to view the will.
Under what circumstances does a will fall into the public domain?
The executor is responsible for collecting the deceased person’s assets, paying any debts, and distributing the estate according to the terms of the will. In order for the executor to claim, transfer, sell, or distribute any of the deceased person’s sole assets, he or she may (and likely will) be required to petition for a Grant of Probate. A Grant of Probate is a legal document issued by the Probate Registry that certifies the executor’s right to manage the deceased person’s assets. Not every estate requires a Probate Grant in order to be administered. The majority of cases, however, involve sole assets, such as a bank account or investments.
In the limited cases where a Grant of Probate is not necessary, the individual’s will is not required to be disclosed to anybody other than the executor(s) and will remain a private document. However, if a Grant of Probate is applied for, which requires delivering a copy of the individual’s will together with other documents to the Probate Registry, the individual’s will becomes a public document that can be requested and obtained.
How do you obtain a copy of a will?
Any individual may search for and acquire a copy of a probate record on the Gov.uk website (a will or Grant of Probate). Currently, each copy of a document costs £1.50. You can request a probate record online or by mail. A search can be conducted for anyone who died after 1858; however, if the individual died within the last six months and a Grant of Probate has not been extracted, a “standing search” can be conducted.
A standing search enables a person to submit a request for a copy of the Grant of Probate prior to its extraction. Instead of regularly accessing the online records (as described above), the Probate Registry will send a copy of the available probate records when they become available. A standing search expires after six months; however, it can be prolonged for an additional six months if the Probate Registry is notified within one month after the expiration date. Currently, a standing search costs £10 every six months.
Why is it important to have an up-to-date will?
If your will is out-of-date, your heirs may lose a bigger part of your assets than would otherwise be required to pay inheritance tax, and it may also cause dispute among your family and friends regarding their inheritance.
When a will is so old that its precise contents are no longer remembered, disputes may arise. You may tell your loved ones what you believe will happen to your estate, as opposed to what will actually occur. Individuals are more inclined to contest a will if they expect to receive an item not included in the will. This could lead to a family dispute and expensive court bills.
Those who fail to update their will frequently forget where it is stored. If your will cannot be found after your death, the court will assume you destroyed it, and your assets will be distributed in accordance with the Rules of Intestacy – your wishes will be disregarded. Therefore, keep your will in a conveniently accessible location, or better yet, give it to the solicitors at Blackstone so they can safeguard it.
Consideration must also be paid to the will’s current applicability. You may have remarried after composing your will. You may be interested in providing for your grandchildren. There are several reasons why your will may become outdated.
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We have a proven track-record of advising upon all aspects of private client work. We will guide you through the process and ensure all checks are carried out swiftly and efficiently and we firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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It is important for you to be well informed about the issues and possible implications of writing a Will. However, expert legal support is crucial in terms of ensuring a positive outcome to your case.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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