Do I have the right to view a will if I'm a beneficiary?

Question

In Canada.....if I'm not the executor but am named a (partial) beneficiary to someone's estate do I have the legal right to get a copy of the will?

Answer 1

In answering this question, I am assuming that the testator has died and that there has been a will probated.

In Pennsylvania, under the Supreme Court Orphans' Court Rules, the personal representative (executor or administrator of an estate) must give you notice that you may have an interest in an estate and either provide you with a copy of the will or tell you where you can get a copy.

If you contact the personal representative or attorney for the estate, in general, either of them should give you a copy of the document.

Once a will has been probated, it becomes a matter of public record. ANYBODY can either go to the Office of the Register of Wills / Clerk of the Orphans' Court and read ANY will that has been probated. However, you do not actually need to physically go to the Office of the Register of Wills. You can call them, have them look up the file, and they will tell you how much per page it would cost to get a copy. You can then send a check or money order and they will send you a copy of the document by return mail.

Note that in Quebec, notarial wills do not need to be probated. In that case, check with Barreau du Quebec and Chambres des notaires.

Answer 2

Yes. You should have received it with the notice of probate. If probate has begun, the executor's first responsibility is to pay the final bills of the decedent that relate to his/her death. Those are the funeral expenses and last medical expenses. After that's finished, notices with a copy of the Will should go to all heirs--even relatives who have been omitted. If this has not happened, call the attorney handling the estate and ask for a copy or call the executor. If that's not successful, go to the Court where the probate is filed and get a copy. These are public records. If you're too far from the court to go in person, hire a process server to go get a copy unless you have a friend or acquaintance who will help. The process server is very inexpensive in my area. I am an American, but the probate process in the U.K., the U.S. and Canada is the same in the procedure. It's all based on old English common law.

Answer 3

I think so.