Do wills have to be disclosed?

An executor may decide to send a copy of the will to family members or close friends and allow them to read its contents, and usually, there is little reason not to disclose the contents of a will. However, strictly speaking, an executor does not have to do this.

Can an executor refuses to pay beneficiary?

If an executor/administrator is refusing to pay you your inheritance, you may have grounds to have them removed or replaced. If this is the case, any Court application to have them removed/replaced is very unlikely to succeed and you may then be ordered to pay all the legal costs.

Can one child be left out of a will?

The parent will legally disinherit the child in their will or trust. However, an individual can choose to legally disinherit anyone they like, including a child, parent, spouse, or family member.

Who is allowed to see a will?

Only the executors appointed in a will are entitled to see the will before probate is granted. If you are not an executor, the solicitors of the person who has died or the person’s bank, if it has the will, cannot allow you to see it or send you a copy of it, unless the executors agree.

Is a will confidential?

A will is a private document which means that, while the testator is still alive, in general circumstances, nobody other than the testator is entitled to receive a copy of the will. In particular, solicitors are under a duty to keep their clients’ affairs confidential.

What happens if a will is not followed?

The court can remove an executor who is not following the law, who is not following the will, or who is not fulfilling his duties. The executor could be held financially responsible for losses which occur. For example, if the executor refuses to pay estate taxes, he could be held responsible for penalties and interest.

What to do if an executor is not acting?

Administration proceedings / order for sale: You can apply to the court for an order requiring an executor to do, or not to do, any particular act (such as selling assets). The court can then manage that process, either setting out the next steps for the executor or handing them over to another nominated person.