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Written by Emily Cross.
18 minute read
In England and Wales, there’s usually no formal reading of the will after someone dies. Instead, the executor normally checks it soon after the death, ideally before the funeral, as it may include funeral wishes. They’ll also contact the beneficiaries to explain what they’ve been left. Once probate is granted, the will generally becomes a public document.
Losing someone you love is difficult enough without having to deal with unfamiliar legal processes. While arranging a funeral and coping with your grief, you may also have questions about their will, particularly when it should be read and who is entitled to see it.
For many people, this is unfamiliar territory, and knowing where to begin can feel daunting. Understanding how the process works can help make things a little clearer during an already difficult time.
In this guide, we’ll explain when a will is usually read, who can access it and what happens after someone dies, so you have a better idea of the steps ahead.
Key takeaways:
When someone dies, their will helps explain what they wanted to happen to their money, property and belongings. It also names the executor responsible for managing their estate and making sure their wishes are followed wherever possible.
Understanding what to do when someone dies can feel overwhelming, especially when you’re grieving. Reading the will can bring some clarity by helping those involved understand their responsibilities and what needs to happen next.
Although there’s usually no formal reading, the executor may speak with beneficiaries or arrange a meeting with a solicitor to explain the will’s contents. This can be particularly helpful if the estate is complicated or family members have questions.
Learning about a loved one’s final wishes can also bring up difficult emotions. If you’re involved in the process, it’s okay to take your time, ask questions and seek support when you need it.
You might have seen scenes in films or television programmes where family members gather in a solicitor’s office to hear a loved one’s will read aloud. However, this isn’t how things usually work in the UK.
There’s no legal requirement for a formal reading of the will. Instead, the executor is responsible for finding the will, understanding its contents and contacting the people who are due to inherit. This is usually done through letters, phone calls or individual conversations.
In some cases, particularly when an estate is complicated or there are several beneficiaries, a solicitor may arrange a meeting with family members. This can help explain the will, answer questions and clarify what happens next. However, it’s a practical discussion rather than a formal ceremony.
If you’re waiting to hear about a loved one’s will, it’s understandable to feel uncertain. You don’t need to wait for a formal reading, as the executor can usually explain the relevant details directly.
There’s no set time limit for reading a will in the UK. In most cases, the executor will look at it within the first few days or weeks after someone dies, particularly if it contains wishes about their funeral.
However, reviewing a will is different from settling an estate. While the executor may read the will quite quickly, contacting beneficiaries, dealing with finances and applying for probate can take considerably longer.
The table below gives a general idea of what to expect.
| Time after death | What usually happens |
|---|---|
| First few days | The executor locates the will and may review it before the funeral to check for any wishes or instructions. |
| First few weeks | The executor begins contacting beneficiaries and gathering information about the person’s money, property and belongings. |
| Following weeks or months | If probate is needed, the executor prepares the necessary paperwork and applies for legal authority to administer the estate. |
| Several months onwards | Once probate is granted and the estate is ready to be settled, the executor can arrange for beneficiaries to receive their inheritance. |
These are only general timescales. Every estate is different, and more complicated arrangements can take longer.
If you’re acting as an executor, you don’t need to have everything worked out straight away. It’s often helpful to start by finding the will, checking for funeral wishes and understanding what needs to be done next.
For more guidance, you can read our article on how to apply for probate with a will, which explains the process in more detail.
A will can be read before or after the funeral, but it’s best for the executor to check it soon after someone dies. It may include wishes about the funeral, such as whether the person preferred a burial or cremation.
Unlike registering a death, there’s no legal deadline for reading a will. Although funeral wishes aren’t generally legally binding in England and Wales, they can help families make arrangements that reflect their loved one’s preferences.
Finding the original will, confirming the executor and contacting beneficiaries can all take time. More complicated estates may also need additional legal or financial checks.
While writing a will can make things easier for loved ones, settling an estate can still take several months. If you’re waiting to hear about a will, remember that delays are common and don’t necessarily mean something is wrong.
In England and Wales, the executor is usually responsible for finding and reviewing the will after someone dies. If a solicitor is involved, they may help explain its contents and guide the executor through the next steps.
There’s no requirement to hold a formal reading with family members or beneficiaries. Instead, the executor will usually contact those named in the will individually.
Before probate is granted, a will is generally a private document. The executor has the right to access it, but beneficiaries aren’t automatically entitled to receive a full copy.
However, executors should keep beneficiaries appropriately informed about their inheritance. They may share relevant sections or provide a copy of the will where appropriate.
Once probate has been granted in England and Wales, the will generally becomes a public document. This means anyone can request a copy, whether they’re a beneficiary, family member or someone unrelated to the person who has died.
Until then, the executor should respect the privacy of those named in the will and handle personal information carefully.
If you’re unsure about your rights or are having difficulty obtaining information, a solicitor specialising in probate can help you understand your options.
Taking some time to mentally prepare yourself is something that many people fail to do, but it’s something that could make all the difference to the way you feel on the day. Our point being that by breathing and remaining calm, you may find that you are able to handle your emotions and understand what is being said. This could prove particularly important if the estate is complex or if something unexpected has been included in the will.
Bringing photographic ID, any previous correspondence you have, and a copy of the death certificate is recommended. You may also find it helpful to prepare a short list of questions so that you don’t forget what you want to ask. Clarifying your rights, hearing about the expected timelines, and getting a broad overview of the probate process may all help you feel like you have more control over what is happening. Exactly what you need when you want to be able to continue healing and growing as you journey onwards in life.
You may also find that you encounter one or more situations where hiring a solicitor may be beneficial. A solicitor, while appearing to be yet another cost, is someone who will be able to help you navigate the process far more efficiently. Here are some examples of cases where hiring a legal professional may prove helpful:
Work through each step, issue, and problem one by one, and you’ll be coming out the other side sooner rather than later. Ideal when you want to continue healing your own personal way.
Once the will has been reviewed, the executor is responsible for carrying out the wishes of the person who has died and managing their estate. This can involve dealing with property, finances and outstanding debts before distributing any inheritance.
If probate is required, the executor will need to apply for a grant of probate, which gives them the legal authority to deal with certain assets.
The executor has a legal duty to manage the estate properly and treat beneficiaries fairly. This is why it’s important to choose an executor who understands the responsibilities involved.
Their main duties include:
If the person who has died had an equity release agreement, the executor will also need to understand its terms and how they affect the estate.
Before probate is granted, the will is generally a private document. The executor should respect the privacy of those named while keeping beneficiaries appropriately informed about matters affecting their inheritance.
Once probate is granted in England and Wales, the will generally becomes a public document that anyone can request. Settling an estate can take several months, particularly when property or complicated finances are involved. If you’re acting as an executor, it’s okay to seek professional advice when you need it.
Once the executor has the original will and the death certificate, they can begin the process of applying for probate. This is the legal authority needed to manage and distribute the estate.
The time between receiving the will and being granted probate can vary widely, depending on how complex the estate is and whether everything is in order.
During this period, it’s also possible for someone to raise concerns or objections – for example, if they believe the will is invalid or feel they’ve been unfairly left out.
The probate process may feel daunting, but it involves relatively few steps. Working through them one by one may help you to understand how everything starts to fit together. Once you apply for probate, you will generally look to get the estate valued. This can save time because once probate has been granted, you will already know about the size and structure of the inheritance.
Any debts and inheritance tax will need to be paid before the remaining assets are collected and redistributed to the beneficiaries. All of this is done within the probate courts by the executor, who will be granted binding legal powers to administer the estate by the validated will.
Wills can be contested for a wide array of different reasons, with the most common being: undue influence, lack of capacity, fraud and forgery, failure to provide, and improper execution. If the will is being contested under the Inheritance (Provision for Family and Dependants) Act 1975, there is a 6-month time limit that starts from the day on which the Grant of Probate was issued. If the validity of the will itself is being questioned, then there is no such time limit.
Contested wills can be stressful and time-consuming issues, with many leading to drawn-out out-of-court settlements. There are also many cases when a deed of variation can be issued so that the beneficiaries can redistribute the inheritance amongst themselves.
If someone dies without leaving a valid will, their estate is dealt with under a set of legal rules known as intestacy rules. These determine who inherits their money, property and belongings.
In England and Wales, inheritance usually passes to the person’s closest relatives, such as their spouse, civil partner or children. However, unmarried partners and stepchildren who haven’t been legally adopted don’t automatically inherit.
Without a will, there’s also no named executor. Instead, an eligible person, usually a close relative, can apply for a grant of letters of administration. This gives them the legal authority to manage the estate, settle outstanding debts and distribute any inheritance.
The process of dying without a will can be more complicated, particularly when there are several family members or disagreements about the estate. If you’re unsure what to do next, a solicitor can help you understand the rules and your responsibilities. You don’t have to work everything out on your own.
We hope that you have found our words and the information they convey helpful and supportive at what we appreciate may be a difficult time. No one wants to have to think about these kinds of issues, and yet virtually all of us have to at least once in our lives. Having a guide that you can refer back to for clarity and explanations of key concepts may help give you the peace of mind that could make a real difference.
In our role as a provider of *prepaid funeral plans that help those who are still alive get their affairs in order, we know that being prepared can really help at times. That means whether you want to compare funeral plans or understand the legal steps and practical steps that follow when someone dies, we are always right here. We feel it’s the least we can do at a time when you may be understandably struggling with so much.
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The reading of the will is something that is often portrayed in films and TV series as a rather dramatic moment. Friends and family gather in a lawyer’s office to hear each line as it’s determined what each of them will inherit. In real life, there is rarely such drama as only the executor is required to be present. The beneficiaries have the right to attend, but many may find they are unable to do so due to other commitments or for personal reasons. Once the will has been read, it is the responsibility of the executor to notify each beneficiary of their inheritance, and in many cases will also outline the rest of the will.
In many cases, there may never be a family meeting where everyone gathers to hear what the will says. The executor is the person responsible for locating the will and actioning it, and the granting of probate automatically makes the will a public document. This means that anyone can request a copy of the will and read it for themselves. The portrayals in film and other media are rarely true to life and are only included for dramatic effect.
Once the will has been read, it is the responsibility of the executor to apply to the Probate Registry so that they can obtain a Grant of Probate. This is a legally binding document that proves that the will is authentic and gives the executor legal standing to act on behalf of the person who has died. When the executor has secured probate, they can then administer the estate and begin to distribute the assets that have been left behind in accordance with the will.
There are times when the will may not be read until after the funeral, but the legalities remain exactly the same: the executor must apply for probate before administering the estate. While it is not always possible to read the will before the funeral, the executors often make a point of doing so. This is because it allows them to ensure that any wishes the person who has died expressed regarding their funeral can be taken into account.
While the executor has a degree of discretion, they will not, generally speaking, keep anything private for an extended period of time. When the executor first reviews the will (this is different from having to formally read), they will be reviewing a private document that has never entered the public domain. They may decide to withhold certain pieces of salient information from some parties if they feel it may upset so soon after the death of someone they love. However, once probate has been granted, the will automatically becomes a public document and any decisions about privacy will become a moot point.
There is no legal timeframe for when the will should be read, regardless of whether it is being read before or after the funeral. There may be cases where there are delays in locating the will, uncertainty about the latest version of the will, or issues communicating with the executor. This is why there is no definite cut-off point. It is, however, generally a good idea to have the will read (or at least reviewed by the executor) at the earliest opportunity. This is so that any complications or any wishes left behind by the person who has died can be quickly taken into account.
Yes, a will can be contested after it has been read, and it can also be contested if probate has already been granted. Although contesting the will after probate is generally more expensive and time-consuming, it is most certainly possible to do so. Will can be contested for a number of reasons: such as suspected fraud or forgery, a lack of capacity, and disputes over multiple conflicting versions. One thing to bear in mind is that the Inheritance Act puts the onus on contests to be made within six months of the will being read in many cases.
If you can’t find someone’s will, start by checking their personal paperwork and contacting any solicitor or will-writing service they may have used. You can also search will registration services. If no valid will can be found, the estate may need to be administered under the intestacy rules. A solicitor can help if you’re unsure how to proceed.