Can I get a copy of my fathers will?

Discussion in 'Askaboutlaw' started by Winter08, Jan 9, 2009.

  1. Winter08

    Winter08 Guest

    Hi All,

    My father sadly passed away over 3 yrs ago and I am wondering how I could get to see a copy of his will? As far as I can gather the land has been willed to one of my siblings and the house willed to another.

    As my mother still resides in the house/on the land I assume nothing would happen with the provisions of the will untill such time as her passing? Does that mean it is not available to view yet? Or if it is available to view how do you go about requesting a copy? Bearing in mind I dont know what solicitor was used to draw it up.

    Many thanks
     
  2. FKH

    FKH Frequent Poster

    Posts:
    244
    In short if you are not a beneficiary then no as children have no automatic right to inherit.

    If your father passed away then his will would have taken effect. As your mother is alive she is entitled to a minimum of 1/3 of your father's estate.

    From what you say it might be worth checking with his solicitor to see if he holds it and if probate was taken out.
     
  3. mf1

    mf1 Frequent Poster

    Posts:
    3,642
    I'm just wondering how come OP just does not ask to see the will? Or are relations bad so can't? Or afraid of upsetting everyone? Or............


    mf
     
  4. Optimist

    Optimist Registered User

    Posts:
    47
    The provisions of the will are implemented on his passing, not your mother's passing - if could be that his provisions include a right of residence or some such provision for your mother... impossible to say without more detail.

    If a grant of probate has been issued, then the will is viewable by any member of the public (for a small fee) in the probate office.
     
  5. Yorrick

    Yorrick Guest

    If the will has been executed it will be on record at the Probate Office near the Four Courts in Dublin. If not on ffile there it will have been transferred to the National Archives Office in Bishop St Dublin. Any memebr of the public is entitled to view another persons will once probate has been taken out. If you ring the Probate Office they will tell you the exact location of the will and then you request a copy for a small fee.
     
  6. Winter08

    Winter08 Guest

    Hi All, Thanks for your help and advice, I will contact the probate office to see if they have it on file.
     
  7. csirl

    csirl Frequent Poster

    Posts:
    2,163
    Probate Office only archives records that are more than 5 years old so the original will still be on file in their office. Their office is in Smithfield.