As a legal document, there are several restrictions that apply to a last will and testament. When the testator (the person who made the Will) is still alive, their Will is a private document and cannot be accessed without their permission. However, once they die, there are many reasons why you might want or need to access the Will, as the executor, a beneficiary or someone else.

Immediately after the person dies, only the executors of their estate will be able to see their Will. These executors can (and ideally should) share the contents with family members and other potential beneficiaries, but may decide not to. The executor should at least let beneficiaries know what to expect in terms of inheritance, but if they fail to do so, you might wish to access the document yourself. Assuming the Will was properly executed it is legally binding, and finding your own copy can help you to verify that the named executors are carrying out its instructions correctly.

Thankfully, the Will becomes publicly accessible during the estate administration process. After this point, you can request a copy online. Here, at JMW Solicitors, we will explain how you can get a copy of someone's Will from the official Probate Registry, when it becomes a public document, and what happens if the deceased person had no valid Will.

When do Wills become public documents?

The contents of a Will becomes public after probate has been granted. The named executors must apply for a grant of probate, which will then be approved by the Probate Registry. This confirms their legal authority to administer the deceased's estate, and also acts as verification that the will is valid and legal.

At this stage, the Will and the grant of probate are entered into a public record and can be accessed by anyone who requests copies from the Probate Registry. This process applies only to Wills that go through probate, meaning the Will of someone with a small estate may not be made public, if probate is not required.

It is best to wait until probate has been granted to make your request, however, this is not always possible. If the executor is not communicating with you or other potential beneficiaries, you may not know when probate has been granted. In these cases, you can pay for a standing search, and you will be given copies of any probate records once they become publicly accessible.

How can you request a copy of the original Will?

When the Will is made public, you can request a copy through the government's probate search service. Anyone can search for and order copies of Wills and grants of probate through the online service. You do not need to be a relative or have any connection to the deceased. This is because, once probate is granted, the Will and probate become part of the public record.

Start by visiting the government’s directory of probate records. The service allows you to search for Wills and grants of probate for individuals who have died in England or Wales since 1858.

You will need some key details about the deceased, including their full name and the year of their death. This will help to narrow down search results, especially if the person had a common name. If you have other specific details that you can enter, such as the probate registry used, this can also make it easier to find the right person among the records. The service will use the data you input to search through its database of Wills and probate grants and locate relevant records.

The results page lists all relevant entries that match your search criteria. When you have identified the correct entry, you can view more details to verify that it is the correct one and proceed to order the documents. You can typically order the grant of probate, the Will, or both for a small fee.

Once you have paid the fee, the requested documents will be sent to you electronically via email. The service typically provides access to the documents shortly after the order is placed, but in some cases, it can take up to 10 working days.

However, not every estate will require a grant of probate, so not all Wills will be available through this service. Probate is typically required when the estate is worth more than £5,000, or if the deceased owned property or other significant assets. If probate was not needed (for example, if the deceased’s estate was small or held in joint ownership), there will be no record of probate, and the will may not be available publicly. In these cases, the best way to access the deceased's Will, if they had one, is to speak to the executor of their estate.

What happens if the person died without a Will?

Estates are managed through a different process when there is no Will, as this means no executor has been named to manage the estate. Instead, an administrator must be appointed. The administrator is usually a close family member of the deceased, and they must apply for a legal document called letters of administration to gain the authority to handle the estate. This process is similar to applying for a grant of probate when there is a Will.

Once the letters of administration are granted, the administrator has similar responsibilities to an executor under a Will, including collecting the deceased’s assets, paying any debts, and distributing the remaining estate. However, there is usually no need to access probate documents in these cases, because there are strict rules about who will inherit what. These are called the rules of intestacy, and a person who dies without a will in England and Wales is said to have died 'intestate'.

The distribution under the intestacy rules depends on the family circumstances at the time of death. If the deceased was married or in a civil partnership with children, the surviving spouse or civil partner receives a lump sum of the value of the estate,  as well as all of the deceased’s personal belongings. Any remaining value is divided in half between the spouse or civil partner and any children or their descendants.

If there were no children, the surviving spouse or civil partner inherits the entire estate, regardless of its value, and if there is no surviving spouse or civil partner, the estate is divided equally among the children or their descendants.

In cases where none of these situations apply, the estate is distributed in the following order of priority:

• Parents of the deceased
• Siblings (or their descendants)
• Half-siblings (or their descendants)
• Grandparents
• Aunts and uncles (or their descendants)
• Half-aunts and half-uncles (or their descendants)

These rules only provide for married partners, and do not account for unmarried partners or step-children. This is just one reason why it is important to write a Will and express your intentions for your estate in a legally binding document.