Writing and signing a will is an important process to ensure your assets and belongings are distributed in line with your wishes after you’re gone, and often these choices can be very personal or sensitive. Sometimes, a will sets out gifts or arrangements that might surprise or upset friends or family members. So, who actually has a right to see your will?
While You’re Still Alive
As long as you’re alive, you are the only person who’s entitled to see or have a copy of your will. If your will is held by your lawyer for safekeeping, they can only provide a copy to you—not to anyone else, unless you give clear permission. This rule is in place to make sure you can make your own decisions about your will, without worrying about pressure from others.
You don’t have to share details of your will with anyone before you die, and some people prefer to keep it completely private. That’s entirely your choice.
Your executor is not entitled to a copy of your will, but you should advise them of where your will is located so it can be found after your passing.
An exception exists if you have appointed an enduring Power of Attorney, and you lose the capacity to make your own decisions. That attorney might need to see your will to make certain decisions, like decisions to sell property that’s mentioned in the will. In these cases, they’re only allowed to use the information for looking after your interests—not for passing on to anyone else.
After You’ve Passed Away
Once you pass away, the Succession Act 2006 sets out who can access your will. Generally, those entitled include:
- Anyone named in the will as a beneficiary;
- Your spouse, children, and dependants;
- Anyone who has a good reason to believe they might have a claim on your estate (for example, through a family provision claim).
If someone thinks they might have been left something but finds they’ve been left out, being able to view the will helps them decide if they want to explore their legal options. This doesn’t mean your wishes will necessarily be changed, but everyone with a reasonable interest gets to know what was decided.
A Balance of Privacy and Fairness
Rules around who can access your will are designed to protect your privacy while you’re alive, so you can make the choices you want, while still ensuring openness once your estate is being administered after you pass away. This way, your final wishes are respected and you are protected from criticism during your lifetime, but anyone with a real interest in your estate has at least some transparency after your death.
Ready to make a will? For advice on your Will and keeping its contents confidential, get in touch with us today.
