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Written by Emily Cross.
17 minute read
When someone you love dies, dealing with the legal side of things can feel overwhelming. At a time when you’re grieving, the last thing you want is to navigate the complexities of the British legal system.
While there’s seldom a good time to face these issues, certain steps must be taken when someone dies. The more you try to understand what’s required and how it might affect you, the more complicated it can seem.
Most of us have heard of a will, but the process around it can feel unfamiliar and confusing. Add to that the emotional weight of losing someone close, and it’s easy to see why many people find this time especially difficult.
To help you through your own personal journey through grief, we want to share some insights into the reading of the will after a funeral. While we primarily focus on practical considerations such as our direct cremation services, we believe that it’s our responsibility to do more whenever we can. Our goal here is to provide you with enough of a background understanding so that you can make a start on this difficult chapter of the process.
Key takeaways:
In our role as a family-run funeral provider, we speak with people from all walks of life who are learning how to deal with grief every single day. While these conversations never get any easier, we have come to understand some of the many things that a lot of mourners have on their minds at this time. The reading of the will is often portrayed in various forms of media as a dramatic, almost contentious moment. We want to show you that the vast majority of times it is anything but the case.
In generations gone by, there was certainly a tradition of formal readings, but this is something that has changed markedly in recent decades. The formal reading has been largely replaced by written notifications and private meetings with a small number of people. That said, there are cases, especially with complex estates, when a formal reading still takes place. This can help to clarify matters if there are a large number of interlinked assets and multiple beneficiaries.
Figuring out what to do when someone dies can be confusing, even overwhelming, and we completely understand. It’s natural to wish your loved one were still here to guide you through what to do next. In many ways, that’s what a will is there for. From a legal and financial point of view, it sets out their final wishes and helps guide those left behind.
You may find the meeting where the will is read emotionally and legally overwhelming – and you’re not alone in feeling that way. Many people find it difficult. In our experience, taking things one step at a time, and giving yourself space to process it all, can help you move forward and continue your healing journey.
Many executors will look to review and then read the will before the funeral in case the person who has died left some last wishes regarding the service. If you are the executor and are worried about more complex matters, such as how to apply for probate with a will, it’s important to take a step back and breathe. There is no set time limit you have to work to, and trying to impose an artificial one on yourself may cause you undue anxiety.
While other legal steps, such as when you need to register a death, are time-sensitive, you can read the will before or after the funeral. Many people find that they want the executor to review the will before the funeral so that no last wishes regarding the funeral are missed. They will then look to have the will formally read within a few days to several weeks, depending on estate readiness and availability of all of the key people. Locating and verifying the will is something that may take time and lead to delays.
Many funeral providers will tell you all about the importance of writing a will. A will is a vital way to make sure your final wishes are clear, but what’s often not mentioned are the delays that can still happen afterwards. Even with a will in place, there may be things that slow down the process of settling the estate.
The will needs to be located and verified, the executor has to contact the beneficiaries, and a death certificate usually needs to be issued before anything can move forward.
If there is a formal reading, it will be convened by the executor with the beneficiaries and any legal representatives present. In the case of complex estates and detailed wills, it is common practice for several solicitors from across the different parties to also be present. They can then offer advice and guidance on what comes next.
If there’s a formal reading of the will, the executor, family lawyer, and all named beneficiaries will usually attend. The family decides who else can be present, so close relatives or trusted friends may also be invited.
Sometimes, they’re there simply to offer emotional support. Other times, they may be asked to help with specific aspects of the estate – especially if they have particular knowledge or experience that could be useful.
The executor or the family’s legal advisor may limit attendance to ensure the privacy of those named in the will. Every beneficiary has a legal right to view the will, regardless of whether or not they were present at the reading. This is so that every beneficiary is treated equally from a legal point of view.
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.
The executor is the person who reviews, reads, and then actions the will. If you are making your own arrangements, you may find it helpful to take a look at our guide on how to choose an executor.
The executor has a number of key responsibilities that they are obligated to perform as part of their role. In turn, they are given the legal standing to do so once the probate phase has been completed. Here are some of the common things an executor will have to do:
It’s important to note that it is the responsibility of the executor to act impartially and follow the will exactly. If, for example, the will makes it clear that an equity release agreement is in place, the executor is duty-bound to outline the terms of the agreement to all of the beneficiaries who will be affected.
Before probate, the will is a private document, and the executor may choose to use their discretion so as not to cause upset or uncertainty. However, the moment the will is submitted to the Probate Registry, it becomes a public document. Anyone can then request their own copy and read it.
While it may be tempting to try and figure out how to do probate by yourself, in many cases, the practical benefits of having professional legal support speak for themselves. That said, if you want to take a closer look yourself, you are well within your rights to do so.
Knowing how to interpret the will and understanding what to do if some of the language is unclear is essential. While online searches can prove useful in many areas of life, the importance and precision of a legally binding will is something that is nearly always best put in the hands of a trained legal professional. Ambiguous terms or clauses that appear to conflict with one another can be readily rectified by an expert.
We completely understand that grief can complicate inheritance discussions, especially given that emotions may also be running high at this difficult time. We would gently suggest that focusing on approaches where you work together to maintain respect and family unity during distribution is key. Doing so could remove much of the pressures you are all under while making it clear to one another that you are also there to help each other.
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.
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.