How to get a copy of a will in the UK

Getting a copy of a will in the UK depends on one key factor: whether probate has been granted. Before probate, wills remain private and access is restricted; after probate, they become public records anyone can request. This guide explains how to get a copy of a will, whether before or after probate, who is entitled to request one, where wills are stored, and how long the process typically takes. Where complications arise, such as missing documents or disputes over access, a probate solicitor can provide valuable guidance and help streamline the process.

Key Takeaways: Who can access a will in the UK?

You can get a copy of a will in the UK in two ways, depending on whether probate has been granted.

• Before probate: only the executor or person holding the will can provide a copy voluntarily, unless a court orders disclosure.
• After probate: the will becomes a public record and anyone can order a copy from the HMCTS probate search service for £16 per document.

If an executor is refusing access to a will or you’re unsure of your legal rights as a beneficiary, a wills and probate solicitor can advise on your specific circumstances and pursue formal access through mediation or court if necessary.

Who is entitled to access a will?

Your legal right to access a will depends on two factors: your role in the estate and whether probate has been granted.

Before probate is granted:

• Executors: hold the legal right to control access to the will; they are responsible for managing the estate under the Administration of Estates Act 1925.
• Beneficiaries: usually have no automatic legal right to see the will, although courts can order disclosure where a person has a legitimate interest in the estate.
• Family members: have no legal entitlement unless named in the will.
• Creditors or interested parties: may have grounds to request access but must demonstrate a legitimate estate interest.

After probate is granted:

• Anyone: can request a certified copy of a will from the HMCTS probate registry, regardless of relationship to the deceased.
• Public record: the will becomes part of the public record under the Non-Contentious Probate Rules 1987.
• No restrictions: you don’t need to be family, a beneficiary, or have any connection to the deceased.

Before someone dies: can you access a will?

A living person’s will is completely private. The testator has no obligation to share its contents with anyone, including family or potential beneficiaries, regardless of your relationship or suspected inheritance.

Even if you suspect you’re mentioned in a will or are concerned about fairness, you have no legal right to access it while the person is alive. The only exception is if the testator voluntarily chooses to share it with you.

Immediately after death, before probate: getting a copy of a will

Once someone dies but before probate is granted, the executor named in the will holds the sole legal right to control access to it. Executors become the deceased’s personal representatives on death, although their authority to deal with many assets is formally confirmed by the grant of probate.

Your options if you’re not the executor:

• Request from the executor: ask politely for a copy or summary; they have no legal obligation to provide it at this stage, but many do choose to share information with beneficiaries.
• Seek mediation: if the executor refuses reasonable communication, mediation can help resolve the impasse without court involvement.
• Apply to court: only if you can demonstrate a legitimate interest in the estate (beneficiary status, creditor claim, or evidence of executor misconduct) and informal methods have failed.

Where wills are stored & who holds them

The original will may be held in several places, depending on the deceased’s arrangements:

• Bank safe deposit box: some individuals keep their will in a bank vault.
• Executor’s possession: the testator may have given the original directly to the nominated executor.
• Solicitor’s office: the most common storage location; solicitors typically retain originals in secure storage.
• Probate Registry storage: historically some wills were deposited with the Probate Registry, though this is now uncommon.
• Home safe or personal papers: sometimes people keep wills at home, though this carries risks (loss, damage, difficulty locating).

Waiting for probate: when does a will become public?

Probate is the legal process that confirms a will’s validity and grants the executor formal authority to administer the estate. Once a grant of probate is issued by HMCTS, the will automatically becomes a public record.

Timeline

• The probate application process typically takes several weeks to several months.
• Once the grant of probate is issued, the will becomes immediately accessible to the public.
• You can check whether probate has been granted through the HMCTS probate search service.

Tracking probate with a standing search

If you want to be notified when probate is issued, you can request a standing search:

• Submit Form PA1S online or by post to the probate registry.
• Provide the deceased’s full name and approximate date of death.
• The registry will notify you if probate is issued within the next 6 months.
• Cost: £3 per search, renewable for another 6 months.

After probate is granted: how to get a certified copy of a will

Once probate is granted, anyone can request a certified copy of a will from HMCTS probate registry.

Step-by-step process (online):

1. Visit the official HMCTS probate search service.
2. Search for the deceased: enter full name, year of death, address, and probate registry (if known).
3. Verify the entry: confirm you’ve found the correct person and probate record.
4. Order documents: select copy of a will, the grant of probate, or both (costs £16 per document).
5. Pay online: complete secure payment.
6. Receive electronically: documents are sent via email within 10–14 working days.

Alternative: Postal application

Complete Form PA1S and post it to your local probate registry with a cheque for £16 per copy. Processing typically takes 4 weeks by post plus postal delivery time.

What if you still can’t find the will?

If your search via GOV.UK probate service returns no results, the will may not have been probated or may be stored elsewhere.

Try these steps in order:

1. National Will Register: search the National Will Register, a private database used by solicitors to record will locations; some searches are free, with paid options available.
2. Executor’s solicitor: contact the law firm that handled the deceased’s legal affairs; they often hold a copy or can locate the original.
3. Deceased’s personal papers: check files, safe deposit boxes, and correspondence with trusted advisers for a copy or location clues.
4. Probate registry contact: if you believe probate has been applied for but cannot find a record, contact your local probate registry directly to verify.

Why a will might not be found: If the estate was small (typically under £5,000), owned property jointly, or contained only registered assets, probate may not have been required. In these cases, no will appears in the public probate registry, although one may still exist privately.

If no will is found: The estate is administered under the intestacy rules, and the deceased’s assets pass to relatives in a legal order, spouse, children, parents and siblings, regardless of the deceased’s wishes.

FAQs

Can I view a will online in the UK? Yes. Once probate is granted, visit the HMCTS probate search service to search and download a copy of a will and testament electronically. The official certified copy of a will is emailed to you after payment (£16).

Can a beneficiary get a copy of the will? Not automatically. Beneficiaries generally have no automatic legal right to see the will before probate is granted, the executor controls access. However, once probate is granted, the will becomes a public document and any beneficiary (or anyone else) can request a copy of a will from the probate registry for £16, regardless of whether they’re mentioned in it.

Does everyone mentioned in a will get a copy? Once probate has been granted, yes, all named beneficiaries are entitled to request a copy of the will via the probate registry. Before probate, only the executor controls access, and they’re not obliged to share it with beneficiaries unless they choose to. After probate becomes public, beneficiaries have the same access rights as anyone else.

Accessing a will in the UK depends mainly on whether probate has been granted. Before probate, access is limited; after probate, the will becomes a public record available through HMCTS. Understanding the process helps you obtain copies efficiently and avoid unnecessary delays or disputes.

This guide is for general information only and does not constitute legal advice; seek professional legal counsel for your specific circumstances.

Need legal guidance on a will or probate?

If you’re facing difficulties accessing a will or dealing with an executor, consult Qredible’s network of experienced wills and probate solicitors for clear advice and practical support tailored to your situation.

KEY TAKEAWAYS:

• Check probate status: Search the HMCTS probate service to confirm whether the will is publicly available.
• Order your copy or request from executor: If probate is granted, order online for £16; if not, request from the executor or use a standing search.
• Consult a solicitor if refused: Contact a UK wills and probate solicitor if the executor won’t cooperate or you suspect misconduct.