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A friend of mine's estranged husband recently died. They are not divorced. His family are execetors of the will and aren't allowing her to see it. She needs to sell the house and know what contents she can sell but they won't let her know. Is there any way she can force them to let her see the will before probate?
Under the Succession Act 1965 the Executors are obliged to inform the surviving spouse of his/her legal right entitlement ( if he or she is not happy with the provisions made in the deceased's spouse's Will ).
If there are no children - the spouse is entitled to 1/2 of the Estate , if there are children - the entitlement is 1/3.
Unless there is a formal Separation in place where the spouses waived their Succession Act rights................
mf
A friend of mine's estranged husband recently died. They are not divorced. His family are execetors of the will and aren't allowing her to see it. She needs to sell the house and know what contents she can sell but they won't let her know. Is there any way she can force them to let her see the will before probate?
Question for mf1: can the courts undo such a waiver after the death of one party, in much the same way as a maintenance order can be revisited?
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