Client has died.
I have received an email from a firm of solicitors asking for a copy of the Will on behalf of the deceased’s son.
The son is a named beneficiary but not an executor as he lives abroad.
My practice wrote the Will but are not executors.
Is he entitled to see a copy of the Will or should I refer the firm of solicitors and/or him to the executors named in the Will?
If I need to supply a copy, should I send to him as I am not aware that he has appointed the solicitors to act for him - apart from their claim to be doing so in the email they sent me.
He isn’t entitled to see a copy and you can’t release it without instructions from the executors. In general, unless there is something contentious in there (e.g. all to stepmother, he receives an unequal share) or there is reason for confidentiality, I (personally) would be inclined to recommend releasing a copy or possibly just informing him of his interest under the will. Others may take a different view.
I am generally inclined towards trusting UK solicitors if they claim in writing to be acting for an individual (and their contact details match those to be found online). Some might consider that naive…but it would be a significant regulatory breach for them to make the claim falsely.
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I would be more cautious and obtain instructions from the executors.
Simon Northcott
It might be worthwhile to point out to the executor that if probate is to be applied for the will will become a public document and the son will be able to obtain a copy from the probate registry shortly after grant; there may not be a lot to be gained from being uncooperative.
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