Last Updated on April 21, 2026 by tanya

When Do Beneficiaries Get to See a Will?

 

About Our Legal Expert: This content is produced under the oversight of Michael Jefferies, First Personal Injury Director, who brings over 30 years of legal experience.

Written by Tanya Waterworth, Digital Content Writer

 

Left Out?  Legal Grounds for Contesting a Will

Inheritance disputes are becoming more common in England and Wales and one of the most pressing questions after the death of a loved one is When do I get to see the will? And for those who find out they’ve been excluded from the will, the next question is: Can I challenge it? As family structures have become more complex and estates are larger, will disputes have increased. Essentially, the executor sees the will before probate is granted, after which it becomes public with open access.

Therefore, generally beneficiaries only get to see the will once probate is granted. So if you are looking to contest a will, it’s essential to get legal advice as quickly as possible as strict time limits may apply. Not only that, but fresh evidence such as medical records are much easier to obtain early on.

We partner with a panel of specialist contentious probate solicitors who offer a range of fee structures, including ‘No Win, No Fee’, as well as flexible funding.

They also offer a free, initial consultation to assess your case, so contact our team now.

 

When Do Beneficiaries See a Will?

 

Immediately after death: The will itself is a private document until probate is granted. Executors named in the will have the right to see it straight away. Beneficiaries, however, do not automatically gain access at this stage.

Before probate (informal access): Executors may choose to share the will with beneficiaries earlier, but they are not legally obliged to do so.

After probate: Beneficiaries can freely access the will. This transparency ensures that everyone knows who has been included and who has been excluded.

Key Point: Beneficiaries only gain guaranteed access once probate is granted. Until then, the executor controls who sees the will.

 

Testamentary Freedom in England and Wales

England and Wales operate under the principle of testamentary freedom. This means a person can leave their estate to whomever they wish, even if that means excluding close family members. Unlike countries such as France or Spain, there is no system of “forced heirship” requiring a portion of the estate to go to children or spouses.

However, testamentary freedom is not absolute. The law provides mechanisms to challenge a will if it fails to make reasonable provision for certain individuals.

 

Common Reasons for Being Left Out of a Will

Estrangement or family disputes

Belief that the person has already been financially supported

Preference for other relatives, friends, or charities

Mistakes or oversight in drafting the will

 

Being excluded can feel unfair, but exclusion alone does not automatically give you a right to inherit. You must rely on legal grounds to challenge.

 

Grounds for Challenging a Will

There are several legal bases for contesting a will in England and Wales, which may include:

 

1. Lack of testamentary capacity

The testator must have understood the nature of making a will, the extent of their estate, and the claims of potential beneficiaries. If they lacked mental capacity, the will may be invalid.

 

2. Undue influence

If someone pressured or coerced the testator into making the will, it can be challenged. This is often difficult to prove but remains a valid ground.

 

3. Failure to comply with formalities

A will must be in writing, signed by the testator, and witnessed by two people. If these requirements are not met, the will may be invalid.

 

4. Fraud or forgery

If the will was tampered with or forged, it can be set aside.

 

5. Inheritance Act 1975 claims

 

Even if the will is valid, certain individuals can claim reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.

 

Who Can Challenge a Will Under the Inheritance Act 1975?

The Act allows the following people to make a claim if they have not been adequately provided for:

 

Spouses or civil partners

Former spouses or civil partners (if not remarried)

Cohabiting partners (living together for at least two years)

Children (including adult children)

Anyone treated as a child of the family

Dependants financially supported by the deceased

 

How to Challenge a Will

Seek legal advice quickly

Time limits apply. For example, claims under the Inheritance Act must usually be made within six months of the grant of probate.

 

Gather evidence

Medical records, witness statements, and financial documents can support claims of lack of capacity, undue influence, or dependency.

 

File a claim in court

Your solicitor will prepare and submit the claim. The court will then consider whether reasonable provision has been made.

 

Mediation and settlement

Many disputes are resolved through negotiation or mediation rather than a full trial. This can save time, money, and emotional strain.

 

Practical Tips for Beneficiaries

Request a copy of the will once probate is granted.

Communicate with the executor to understand the estate administration process.

Act quickly if you believe you have grounds to challenge.

Consider mediation to avoid lengthy court battles.

Seek specialist advice from inheritance dispute solicitors.

 

Why Challenges Are Increasing

Rising property values mean estates are larger.

Families are more complex, with second marriages, stepchildren, and cohabiting partners.

People are living longer, increasing the likelihood of capacity issues.

Charitable giving is more common, sometimes at the expense of family members.

 

Need Help Now?

Beneficiaries in England and Wales can only see a will once probate is granted, unless the executor chooses to share it earlier. If you’ve been left out, you may challenge the will on grounds such as lack of capacity, undue influence, or improper execution. More commonly, you can claim under the Inheritance Act 1975 if you were financially dependent on the deceased or fall into one of the eligible categories.

But, it’s important to act quickly due to time limits once probate is granted.

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