A common question after a death: when do the family get to see the will? The simple answer is that in England and Wales, a will is a private document until the grant of probate is issued. Before the grant, the executors decide who sees it; after the grant, the will becomes a public document and anyone can order a copy. This guide explains who has the right to see a will at each stage, the practical etiquette, and how to handle the awkward situations that come up when beneficiaries want to see the will before the executors are ready.
Key takeaways:
- Before probate is granted, the will is private. Only the executors are legally entitled to read it.
- The executors choose who else sees the will before probate. They have no legal duty to share it with anyone.
- Once the grant of probate is issued, the will becomes a public document. Anyone can order a copy from the Probate Registry for £1.50.
- Specific beneficiaries (those receiving a named gift) are usually told the relevant part of the will quickly; the full will may not be shared with them.
- Residuary beneficiaries (those receiving a share of what's left) are entitled to a full copy of the will once probate is granted.
What "private until probate" actually means
When someone dies, the will is a personal document. The law doesn't require the executors to show it to anyone immediately. The executors:
- Are legally entitled to read it (they have to, to act on it)
- Can choose to share it with whoever they think appropriate
- Don't have a duty to share it with disappointed beneficiaries or anyone else before probate
In practice, executors usually share the will (or relevant parts) with the close family quickly — both because withholding it can cause resentment, and because the family often need to know who the executors are and what's planned. But this is convention, not law.
The grant of probate changes everything. Once the grant is issued, the will is admitted to probate. HMCTS retains a copy and the will becomes a public record. From that moment, anyone — including non-family members, journalists, researchers — can request a copy.
How to get a copy after probate
Once the grant is issued, copies can be ordered from the Probate Registry:
- Online: gov.uk/search-will-probate — search by name and year of death, £1.50 per copy
- By post: send form PA1S to HMCTS with payment
The service returns a copy of the will (and the grant) by post or email. There's no age limit — wills are kept on the public record indefinitely.
This is also why famous people's wills are routinely covered in the press — the grant publication is the moment the will enters the public domain, and journalists order copies the same day.
Who has what rights before probate
| Person | Rights before probate |
|---|---|
| Executors | Legal right to read the will; obligation to act on it. |
| Spouse / civil partner | No automatic legal right; usually shown the will as a matter of courtesy and practical necessity. |
| Adult children | No automatic legal right; often shown the relevant parts. |
| Specific beneficiaries (e.g. "I leave £5,000 to Jane") | No automatic legal right to see the full will, but should be told about their gift in due course. |
| Residuary beneficiaries (sharing what's left) | No automatic legal right before probate; will become entitled to the full will after probate. |
| Other family members not in the will | No right whatsoever. |
| Solicitors, accountants | If instructed by the executors, can see whatever the executors share. |
Common situations and what to do
"I think I'm in the will but the executor won't show me"
Wait until probate is granted. The executor isn't doing anything wrong by holding the will privately. Once probate is granted, you can order a copy yourself for £1.50.
If you're concerned the executor is acting improperly (e.g. distributing assets without authority, or deliberately hiding the will), you can lodge a caveat at the Probate Registry to pause the grant while concerns are addressed.
"I'm a beneficiary but I want to see the will sooner"
Ask the executor politely. They can choose to share it. If they decline, accept it — they're within their rights. You can see it after the grant.
For specific gifts: the executor should at least confirm to you that you're a beneficiary and that your gift is being processed. Beyond that, the full text of the will is the executor's discretion until probate.
"I'm an executor but I don't want to show the will yet"
That's your right. Useful reasons to delay:
- Reading through the will properly first
- Coordinating with co-executors
- Getting legal advice on any unusual provisions
- Notifying close family of the death and the next steps before mass-sharing the document
Be aware that excessive secrecy can damage relationships. A short statement to the family ("the will exists, I've read it, I'll share copies once probate is granted") is better than silence.
"I think the executor is hiding a will"
Lodge a caveat at the Probate Registry. A caveat blocks the grant for 6 months (renewable) until the issue is resolved. If you have evidence the will is being suppressed, take legal advice — challenging executor conduct is a court matter.
"I want a copy of someone's will after they died"
If the grant has been issued, order from gov.uk for £1.50. If the grant hasn't been issued yet, you'll need to wait — or, if you have standing (you're a close relative, dependant, or beneficiary), apply for a standing search at the Probate Registry so you're notified when the grant issues.
Trusted Hands wills can be stored in the Digital Vault. Executors get access on production of the death certificate, so there's no question of the will being "lost" or hidden. Start your will →
What if you're worried about the will?
Common concerns after a death:
- Was the will valid? (Capacity issues, undue influence, witnessing errors)
- Is there a more recent will than the one being used?
- Has the will been tampered with?
Any of these can be the basis for a caveat at the Probate Registry, which gives time to investigate. For genuine concerns, take legal advice quickly — caveats have a 6-month limit (extendable) and challenges have their own time limits.
See our contesting a will guide for the full picture.
What the will doesn't tell you
Several things people often expect to find in a will aren't there:
- Lifetime gifts and loans — gifts made before death aren't recorded in the will (though the IHT return may capture them within the seven-year window)
- Pension nominations — pensions usually pass under separate beneficiary nominations held by the pension provider, not the will
- Life insurance payouts — policies "written in trust" pay direct to the beneficiary, outside the will
- Joint property — property held as joint tenants passes by survivorship, not under the will
- Letter of wishes — separate from the will, often containing funeral preferences and trust guidance
If a family member is disappointed not to find an expected gift in the will, the answer is often one of these — the asset passes outside the will.
Frequently asked questions
Can I be told what's in the will without seeing it?
The executor can summarise — for example, "you're left £5,000 and a share of the residue" — without sharing the full document. Some executors prefer this approach pre-probate to limit speculation about other beneficiaries.
Can the executor charge me for a copy?
Before probate: no, but they don't have to give you one. After probate: ordering from the Probate Registry is £1.50; the executor providing a copy directly is usually free or charged at copy cost.
Who can I complain to if I think the executor is hiding the will?
The Probate Registry (via caveat). If you have evidence of misconduct (e.g. the executor has applied for probate using a will you believe to be invalid or fabricated), take legal advice — this is court litigation territory.
Can I see the will of someone who died decades ago?
Yes. Wills admitted to probate are public records indefinitely. Order from gov.uk for £1.50 — the search includes deaths back to 1858.
What if there's a sealed envelope marked "do not open"?
The executor still reads the will (it's their legal duty). They may then choose whether to follow any informal instructions on the envelope, but the will itself is theirs to administer.
What if there's more than one will?
The most recent valid will revokes earlier ones (assuming standard wording). If there's any doubt about which will is the latest valid one, take legal advice quickly — challenges are time-sensitive.
Can I see a will if I'm not in it?
Once probate is granted, yes — anyone can. Before probate, only by the executor's consent.
Is a will showing in the Probate Registry the only valid one?
Yes — the will admitted to probate is the legal will. Earlier or alternative versions have been formally rejected or superseded.
Trusted Hands is a UK will-writing service, not a firm of solicitors. For concerns about a specific will (validity, executor conduct, suspected suppression), take advice from a contested-probate solicitor — these matters are time-sensitive.
Make sure your will isn't a mystery
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- From £49 for a single will
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