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Do beneficiaries from a will know each other’s inheritance?

(18 Posts)
Mamo Thu 17-Oct-19 20:54:20

My husbands elderly mother died recently after a long Alzheimers decline. Her husband died 20 years ago and she remade her will in the month following his death. She was unused to dealing with her own affairs but was accompanied to the solicitors by her two brothers, who we now know were made executors of her will. She has six children. At the time there was “bad blood” between my husband and most of his siblings, a situation exacerbated by emotions running high and of course grief as their dad’s death had been sudden. They are all on reasonably good terms these days, thankfully.
Anyway, my mother in law’s will will now be dealt with. My husband is very apprehensive that one or two of his siblings may have influenced their mum to leave her estate unequally, and if he were to inherit less than the others, he would find it very stressful. We do not need any inheritance but of course any would be welcome. But he would be devastated if it was known throughout the wider family that he had been disfavoured.
My question is, is it usual for a solicitor dealing with probate of a will, to write to each beneficiary and let him/her see the content and terms of the will, or is it only at the last stage they are advised only the amount they will receive, and the amount to other beneficiaries are kept private? In some ways I would prefer he didn’t know!

Oopsminty Thu 17-Oct-19 21:00:45

Hi Mamo.

Sorry to hear that you are going through this. Wills can cause a lot of upset.

I'm unsure if every benefactor gets to see a copy of a will, (I'm sure someone here will know) but I do know that wills eventually become public records and can be applied for quite easily .

Oopsminty Thu 17-Oct-19 21:02:34

Beneficiary I should say!

Hetty58 Thu 17-Oct-19 21:03:18

Wills are public documents and accessible online, by anybody. They are not 'secret' and only seen by the solicitor.

Maybe you are worrying unnecessarily, though. She may have left equal shares.

If not, it seems to me that matters are always best out in the open. She had the right to leave her money as she saw fit at the time.

grannyticktock Thu 17-Oct-19 22:40:28

On the couple of occasions when I have had a legacy, I have also been sent a copy of the relevant page of the will, although I don't think that's compulsory. When I was an executor, I sent copies of the will to the main beneficiaries (although not to one, for a complicated reason that was to spare her embarrassment).

However, as said above, once probate is granted, a will is in the public domain. In England, you can apply online for a copy of anyone's will, as long as you can provide details and dates, and download it for (I think) £10. In Scotland it's a bit more complicated and costs more,but the information is still available. In practice, I don't suppose most people would bother, they'll just take the cheque and be grateful. I think your husband should do the same.

Hetty58 Thu 17-Oct-19 23:00:16

I was an executor and noted that any beneficiary could request a copy of the will. There was one who I hoped wouldn't (as he had indeed been treated differently) - and he didn't.

Whether he later looked online and downloaded it, I don't know.

People should think very carefully about their wills, especially the potential for future upset and hurt feelings!

genie10 Fri 18-Oct-19 13:29:22

When I received something in a will, I was not made aware of the amount the others received and I didn't ask.

jeanie99 Wed 13-Nov-19 19:01:41

The executors deal with the probate of a will.

Solicitors don't need to be involved unless the executors are not able to do this but there will be a charge against the estate and it could be high.

My husband and his sister did the probate for their mother which included property and it went through alright.

However my brothers estate as now been handed over to a solicitor because the executors ( son and wife) say they cannot do it and have been given an approx charge against the estate of £7000.

You could ask for a copy of the will from the executors, my brothers children where given one.

You could ask a solicitor( on the 30 minutes free time)if the executors have to allow this or not.

Poppyred Wed 13-Nov-19 19:05:12

Every beneficiary is sent a copy.

Cabbie21 Thu 21-Nov-19 12:19:48

Residual beneficiaries will get a copy ie those who get a proportion of what is left after taxes and specific bequests have been paid out. They will also get a copy of the accounts.
As far as I know, other beneficiaries do not normally get sent a copy of the will, unless the executors opt to do so.
Anyone can buy a copy of a will once it has gone to probate.

In this instance, if the distribution is unequal, the main beneficiaries could decide simply to give money to those siblings who have missed out, if they wish. Or formalise it by a deed of variation.

EllanVannin Thu 21-Nov-19 14:18:28

Direct recipients will know what each other receives if it's written into a Will.

Buffybee Thu 21-Nov-19 14:23:32

Yes, they should all get a copy of the Will.

aprilrose Thu 26-Dec-19 10:24:55

I have been in both situations. In a couple of inheritances I received a copy of the will.

In anothers I just got a solicitors letter and a note advising me of my entitlement. In one case I got a return slip to say how I wanted it paid ( as well as informing me that if I wanted it by cheque they would charge me for it). To get an electronic transfer ( their preferred method), I equally had to pay to obtain the documents they wanted to pay it out. I thought that was an interesting situation smile

As others say, once probate is granted or letters of administration filed you can get a copy from public records by paying a fee. I have done that as well. I was interested to see what the wills actually said especially in the cases where I didn't get a copy.

However, there is no law that requires probate to be filed at all , or there is no time limit on it. I have an aunt whose will has never been filed or the details executed in any way.

I am not sure what will happen with that as her money and house have been kept by a relative who has re married but doesnt own the assets he is living in ( ie the house) for one thing. I am not sure who knows about this other than me. I dont really care but that will be interesting too when someone eventually "inherits" the house and finds it isnt owned by the person they think owns it.

aprilrose Thu 26-Dec-19 10:25:49

I should have added above, I think everyone should get a copy of a will whether sent it by the solicitor or not. I would. They are interesting reading quite often.

Jaycee5 Thu 26-Dec-19 10:38:45

A Will is a public document. If you aren't sent one you can get a copy from the Probate Registry for a fee as long as probate has been applied for which it will have been except for very small estates with easy to obtain assets. (Or of anyone else's will).
The executor has no legal obligation to send all beneficiaries a copy of the will but probably will if asked.

Dillyduck Thu 26-Dec-19 10:41:39

Definitely get a copy of both your father in law's will, and mother in laws.
Then there can be no doubt about what they said.

(Information is power!)

Alexa Thu 26-Dec-19 11:18:31

In costume dramas the family gather in the drawing room of the family mansion. The old family solicitor has been summoned and , all dresssed in formal black, clears his throat and the expectant relatives shut up . Then the lawyer is explicit as to all the contents of the will including rude remarks by the deceased. So that must be what happens.

M0nica Thu 26-Dec-19 12:14:48

Once the grant of probate is granted. copies of the will and grant will be publicly available on the Probate Registry online website.

I have used this recently to get copies of wills etc needed to wind up a particularly complicated family estate.

Copies of wills have always been in the public domain once probate is granted

So OP your DH may or may not receive a copy of the complete will when he is informed of his legacy, but he and anyone else can look for it on the register within months of it being approved.