When can I see the Will? Understanding what happens after someone dies

Losing someone close to you is never easy, and on top of the emotional shock, it can be confusing to work out what happens next.

One of the most common questions we are asked is, “When will I be able to see the Will and know what my loved one wanted?”

Here, we explain the process clearly, step by step, so you know what to expect and when.

What happens first?

The first thing that happens after a person dies is that someone needs to find their Will.

This is often a family member or close friend, or sometimes a solicitor, who is holding the Will for safekeeping.

The Will names the person or people responsible for dealing with the deceased’s estate (called executors).

Executors have the legal right to see the Will straight away so they can begin sorting out the person’s affairs.

Other family members and friends do not have an automatic right to see the Will at this stage, but many executors will share its contents early on, to be open and helpful.

When does the Will become public?

Once the executors apply for probate (the legal permission to deal with the estate) and this is granted by the Probate Registry, the Will becomes a public document.

Anyone can then request a copy.

Probate is needed before the executors can sell property, close bank accounts, and distribute the estate according to the Will.

How long does it take to get probate?

The process usually takes:

• One to four weeks to find the Will and gather the necessary paperwork
• A further four to eight weeks to complete the Inheritance Tax paperwork and apply for probate
• Around eight to sixteen weeks for the Probate Registry to process the application and issue the Grant of Probate

This means that in most straightforward cases, it can take around three to six months from the date of death for the Will to become publicly available.

If the estate is very simple, the process may be quicker.

For estates that are large or complex, or where there are delays with tax matters or disagreements, it can take longer.

Can I see the Will sooner?

If you are a named beneficiary in the Will (meaning you are left something in the Will), you may be told about your gift before probate is granted.

Executors often choose to share this information early to avoid misunderstandings, but they are not legally required to do so.

If you are unsure who the executors are or where the Will is, a solicitor can help you find out.

What should I do next?

If you have lost someone and are unsure about what to do, these are the first steps to take:

• Try to find out who the executors are (this may be a family member, close friend or solicitor)
• Ask whether they have found the Will and what the next steps are
• If you are worried or do not know where to turn, we can explain your rights and help with the process

While dealing with a loved one’s estate will involve paperwork, we understand that the main goals are respecting their wishes and supporting their family. Our experienced probate team can help with:

• Locating the Will
• Explaining your rights as a beneficiary
• Applying for probate
• Dealing with Inheritance Tax
• Managing the estate and distributing gifts

If you need advice or want to understand what happens next, please contact us for kind and practical guidance.