In the UK prior to probate only those named as executors in the Will are entitled to see it, however, if for example you are a beneficiary, you can request of the executor to see the will, and in most cases they will allow this and explain what you have been left in the will. After the probate process, and probate is granted, the will becomes a public record and anyone can apply for a copy.

Probate is the routine legal process undertaken which proves the validity of a Will after a person’s passing. Following a grant of probate being issued (acknowledging validity) the probate process encompasses the administration and distribution of the estate, and includes clearing debts. Probate is complete once all debts are cleared and the estate passed on to those inheriting.  

If you die without leaving behind a will it means you have passed away ‘intestate’ and as a result your estate which encompasses property, money and belongings, must be shared out according to the rules of intestacy. With intestate succession in the majority of cases your estate would be split between your surviving next of kin, be it your spouse, parents, children or siblings, but importantly not to an unmarried partner.

As with other legal documents, writing a will without a solicitor can result in mistakes or unclear elements which ultimately mean your will can not be actioned when you are gone, and your wishes not met. Even if you decide to write a will yourself it should still be checked over by a solicitor to help ensure your executor isn’t left with any issues to sort at a later date and to ensure it is legally valid. Utilising a solicitor has many benefits in addition to the legal validity including making sure you have had advice on inheritance tax, ensuring provisions are put in place to clear debts and the division of your estate is clear, concise and actionable.