While you are still alive, with limited exceptions, nobody other than yourself is entitled to receive a copy of your Will. Any gifts you wish to make or estate planning you may have organised may remain private. In general, before probate is granted, a Will is a private document
Indeed even after death, it is only the named executors in your Will that are entitled to see the document.
It may come as a surprise however that once a grant of probate has been issued by the probate registry, a Will becomes a public document and anyone can apply to have a copy.
Theoretically, although there really is no way of telling how many do, there is a mechanism for ‘Sealing’ your will so that it doesn’t appear to the public. Rule 58 of the The Non-Contentious Probate Rules 1987 state:
“An original will or other document referred to in section 124 of the Act shall not be open to inspection if, in the opinion of a registrar, such inspection would be undesirable or otherwise inappropriate.”
This rule does not appear to be limited to those testators of Royal Lineage or Billionaires but it does stand that your reasons for hiding such information would have to persuade the Probate Registry that the release of the document was ‘ undesirable or otherwise inappropriate ‘.
There are also times where comments or words, perhaps of a personal nature, in a Will could be ‘redacted’ and that redacted version could be made public – such redactions can not affect the outcome of a Will and must not be substantive in nature. For this, the entire Will must be redrafted (save for the redacted words) and presented to the Probate Registry.
NB – I would strongly advise speaking with us if you are considering any of the above.
In Summary, if you’ve read my article on whether you need a Will and you’ve realised you do, you’ve considered what and to whom you leave your estate, it’s time to think carefully about the knock-on effects that might create when your Will does go public.
If you would like a free, informal chat about anything I’ve mentioned above, please do not hesitate to contact us.
