“Let’s start at the very beginning, a very good place to start.”
The first step to receiving an inheritance is to be informed that one is a beneficiary of the Will, but what does one do if an unscrupulous executor does not pay up and keeps quiet about the terms of the Will?
A Will is a private document until such time as a Grant of Probate is obtained, and executors do not necessarily need to obtain a Grant to administer the estate. Consequently, the terms of the Will may remain a secret known only to the executors.
The law recognises that the system is open to abuse and provides beneficiaries with the legal tools to allow them to uncover the truth.
Where a person is known to have a deceased person’s Will or to have control of it, and they have not obtained a Grant of Probate in respect of the Will and have not paid over the legacy to which one believes oneself to be entitled under the terms of the Will, it is possible under s.123 Senior Courts Act 1981 to apply to the High Court for a subpoena ordering the person with possession or control of the Will to bring it into Court, so that you can (if you are named as a beneficiary) learn of your legacy and force payment.
The situation is more complicated where it is not known whether a third party has the Will or indeed if the Deceased made a Will. However, s.122 Senior Courts Act 1981 empowers the Court to order a person suspected to have knowledge of the existence or terms of a Will to attend at Court with or without the Will for questioning.
Failure to attend, answer any question or bring in a document when ordered to do so is contempt of Court and may result in the person accused of contempt being fined, imprisoned or both.
Consequently, if you believe yourself to be a beneficiary of a Will which has been kept secret, you can force the existence and terms of the Will to be revealed.
How can we help
Whether you are an executor, a beneficiary or want to speak to us about an estate where you may want to make a claim, Porter Dodson can help guide you through the whole process and can answer any questions you have. Please get in touch with either Ralph Wheeler or our Contentious Trusts and Probate team.
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