Q&As

Where an executor has requested a copy of the Will file from the deceased's solicitor are they entitled to hold back attendance notes, particularly where those attendance notes record the instructions given for the Will?

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Published by a ÑÇÖÞÉ«ÇéÍø Private Client expert
Published on: 21 May 2021
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Entitlement to the Will

The executors named in the last Will of the deceased are entitled to the Will in order for them to commence their duties of gathering in the assets of the deceased, dealing with liabilities and finally distributing the estate.

See generally:

  1. •

    Practice Notes:

    1. â—¦

      Initial steps to identify assets and liabilities

    2. â—¦

      Securing and protecting estate assets

  2. •

    estate administration—file checklist

The executor derives their authority from the Will, not the grant of probate, and the deceased’s property vests in the executor from the moment of the deceased’s death. The executor is therefore entitled to the original Will, not just a copy. The grant of probate is the evidence of title—'if

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Jurisdiction(s):
United Kingdom
Key definition:
Solicitor definition
What does Solicitor mean?

A lawyer who is regulated by the Solicitors Regulation Authority.

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