Who can access your will?

Wondering if you can view someone’s will (such as a parent, sibling or spouse)? Or are you worried that someone can see your will without your consent? We discuss the ins and outs.

Before Death

Before your death, the only people who may view your will are you and your enduring power of attorney (but only if you do not have capacity).

After Death

You may be surprised that after your death, not only your executor but also the following people will have access to your will:

  • Any person named or mentioned in the will, whether or not a beneficiary;
  • any person named as a beneficiary (whether specifically named or not) in a previous will; your spouse, parent, or problem (children, grandchildren, etc.);
  • any person who would be entitled to part of your estate if you had died intestate, that is, without will;
  • a parent or legal guardian of a minor named in the will or would be entitled to part of the estate if you had died without a will;
  • a creditor or other person who has a legal or equity claim against your property; or
  • anyone authorized to make a family provision application against your estate.

Moreover, after probate has been granted, any member of the public can access your will through the court registry for a small fee.

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