Who's entitled to see your Will after death?

When it comes to your Will, you might assume that only a select few will get to see its contents. Unfortunately, that’s not quite how it works. There’s a surprisingly long list of people who are entitled to view your Will after your passing—whether you want them to or not.

Here’s who’s on that list:
• Your spouse, child, and parent: They have a direct connection to you and your estate, so it’s no surprise they can see your Will.
• Anyone mentioned in your Will or a previous Will: If they were in your plans at any point, they’re entitled to take a look.
• Someone who would inherit under the Rules of Intestacy: If you hadn’t made a Will, these are the folks who would’ve received your estate.
• The parent or guardian of a child mentioned in your Will: This also includes children who would have inherited under the Rules of Intestacy.
• A creditor of your estate: Yes, even someone you owe money to can inspect your Will.
• Anyone who might apply for a Family Provision Application against your estate: This could be a person who feels they should have been included in your Will [and meets the requirements to bring a FPA against your estate].

These individuals are all entitled to either inspect your Will or receive a copy of it after your death.

But there’s more. If your executor needs to apply for a Grant of Probate—a process that might be necessary for managing your assets or simply for the extra protection it provides—then your Will becomes part of the Court record.

What does that mean? Well, it means your Will could be accessed by anyone searching through Court records, not just the people on the list above. Your private wishes might not stay so private.

So, what can you do about it?

Unfortunately, there’s no way to prevent these individuals from seeing your Will after you’re gone. It’s a legal reality that your Will isn’t as confidential as you might hope. However, there are steps you can take to ensure that what’s in your Will is exactly what you want to be shared.

Get solid advice about what you include in your Will. A well-crafted Will can still serve its purpose while keeping any potential drama to a minimum. Remember, those family secrets? Best to keep them out of your Will entirely.