How do I obtain a copy of a will in the UK?

When a loved one passes away, it can be an emotional and difficult situation. Organising the estate afterwards can add further emotions, especially if you cannot access their will.

We will explain how you can obtain a copy of a will and the information you need to get a copy of a will in the United Kingdom.

Who is entitled to see a will in the UK?

Access to a will is typically available only to a select few individuals following someone’s passing. Wills can be accessed by:

• Executors – Those appointed by the deceased prior to their death to deal with their estate

• Family Members – Spouses, children, and civil partners

• Beneficiaries – People who are set to inherit as per the wishes of the testator (the person who has died) in the will

• People seeking to make a claim against the estate

How to obtain a copy of a will

Request a copy from the executor

The executor of the will should have a copy of the will and be able to provide you with it. However, the probate office can only grant access to a will once someone requests probate. The executor of the will must make the application themselves. Alternatively, they can appoint a probate solicitor to make the application on their behalf.

The role of an executor is to manage the estate. They will finalise any outstanding debts. Following this, the executor will distribute the assets in the estate in accordance with the testator's wishes.

Only the executor or a legal representative can access the will, if probate has not been granted. If probate has not yet been granted then you will need to follow one the steps below.

Set up a standing search

If the executor of the will, will not grant you a copy of it and the grant of probate has not yet been issued, then you will be able to setup a standing search with the probate registry. 

A standing search is a continuous search that lasts for six months with the probate registry. It allows you to obtain a copy of the grant of representation and the will. If you have not received these documents once the six month search has ended, you will need to renew it.

A grant of representation is a legal document. It gives authority to an individual or group to handle the estate of the deceased person.

Search the Gov.uk website

Once the probate has been granted, you will be able to obtain a copy of the will through the probate registry found on this website. To search for the testator, you will need some information such as:

• Their name

• Date/Year of birth

• Date/Year of passing

• Where they lived

Not all the information is needed. However, the more you provide, the easier it will be to find the will. Once you have found the will you are looking for, you will be able to purchase a copy of it for a fee. Copies can typically take up to 31 working days to arrive.

Appoint a solicitor to draft a letter asking the executor for a copy of the will.

A contentious probate solicitor can draft a formal letter requesting a copy of the will on your behalf. The executor of the will and estate will receive the letter however, they are not required to respond to the letter.

The contentious probate team at Holden Smith can assist you with drafting a letter to the executor of an estate.

Contact us

If you think someone has left you out of a will or want to challenge a will, contact the probate team at Holden Smith. You can speak to our team by calling our Horsforth office or by completing our online enquiry form.

Our team has of years of experience helping clients across the UK to make claims against an estate. We use the best methods of litigation to ensure that you receive the best possible outcome for your case.