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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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When someone dies and their will states that their spouse will

Customer Question

When someone dies and their will states that their spouse will inherit their estate. does the will have to be read out by the executor on their death.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask are you the executor appointed in the will please?

Customer:

no

Joshua :

thank you. There is no legal requirement that will needs to be verbally read out by an executor or any other person. This was popular many years ago however is really done these days and as above, there is no legal requirement to do so

Joshua :

the will becomes binding documents upon the death of the testator and authority with regards XXXXX XXXXX of the property and affairs of the testator passes to the executor who is responsible for administering the estate for the benefit of the beneficiary or beneficiaries named in the will

Joshua :

Is there anything above I can clarify for you any further?

Customer:

if they're are 2 executors surely one must show the other the contents of the will.

Joshua :

Both executors have an equal right to see the will contents. Is one refusing to release it to the other?

Customer:

no, just to ask if they both have to see it at the same time.

Joshua :

They both have an equal right to see the contents of the will. Neither has a better right than the other. there is no requirement for them both to have access at exactly the same time. If a third party is holding the will, he may release it to either executor. if one executor is holding the will and refusing to give access to the other to it, the other can ultimately subpoena a copy of the will however it would be foolish of the executor holding a copy of the will to force the situation as a court would require him to disclose a copy to the other executor if subpoenaed

Customer:

thank you.

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