Can I share a copy of a will file with a beneficiary without the executor’s authority?
A beneficiary has asked me to share a copy of my deceased client’s will file. The executor does not want the file released. My firm is not instructed in the probate and administration of the estate – what should I do?
You need to decide if the will is in dispute.
You should not release the file while the executor has not given authority for this.
If the will is in dispute, refer to our practice note on disputed wills: guidance for practitioners before deciding what to advise on the basis that a Larke v Nugus statement is being requested.
You will need to advise the executor on the next steps.
Disclaimer
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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