Legal Aid: A Blog About Laws And Legal Processes

How Do You Obtain A Will After Someone Has Died?

12 May 2016

Renee Bates

The death of a loved one injects sadness, pain and grief in the lives of those he or she has left behind. And after you are done with the burial, you are faced with the challenge of determining what the deceased left for you. A majority of people think that acquiring a will is a straightforward process, particularly if you are a relative of the deceased. But unless the deceased left clear directions on where the will and its copies can be found, you may actually have a real problem on your hands. Here, though, are a few tips that can help you acquire the will more easily.

Getting The Will As The Executor

Note that unless you were named as the executor by the deceased, the solicitor who prepared the will is restricted by the law to give you a copy of the will or tell if you are a named beneficiary in the will. If you are not the executor of the will, you can only be notified of the will's details after the solicitor has notified the executor, who in turn will begin to distribute the assets of the deceased. The executor of the will is the person who is named in the deceased person's will to divide the assets of the deceased. The executor is also tasked with making arrangements of paying for the deceased person's debts and expenses.  

Getting The Will By Applying For A Probate

You can also find the will of the deceased by going through the courts. First, the court must prove that the will left by the deceased (if any) is valid in a legal process known as probate. After you have applied for a probate, the Supreme Court confirms the last will of the deceased and advertises its findings with the right legal publications, and hence, the details of the will become accessible to the public. You can then get a copy of the will by visiting the Probate Registry of the Supreme Court yourself, or by writing a letter, fax or email to them. You will be required to provide accurate details of the dead such as name and date of death.

Besides telling you what is on the will, a probate also comes in handy when dealing with asset holders. Most of them are hesitant to transfer the assets of the deceased to the beneficiaries unless they are provided with a grant of probate. 

For more information, contact a solicitor in your area.

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