Recent media coverage of an IRA informant known as “Stakeknife” has drawn attention to a very unusual situation in which a will admitted to probate was not made publicly available. Cases like this are extremely rare and are normally limited to highly sensitive matters, such as those involving the Royal Family. For most people, however, probate records are public and that openness plays an important role in making sure estates are dealt with fairly.
When someone dies, probate records are usually available for anyone to search. The records can be searched online and for a fee of £16, a copy of the probate and any will can be obtained. This transparency helps in several important ways:
- It keeps the process accountable. Executors and administrators have a responsibility to deal with an estate properly. Public records help ensure that estates are administered correctly and openly.
- It helps beneficiaries and creditors. People who may be entitled to benefit from an estate, or who are owed money, can check probate records to understand their position and take advice if needed.
- It reduces disputes and mistakes. Openness makes it harder for assets to be missed, hidden, or wrongly distributed, and helps estates progress more smoothly.
- It helps trace family connections. Probate records are often vital in identifying relatives, particularly where there is no will or where family circumstances are complex.
In most cases, probate records provide useful headline information, such as who has been appointed to deal with the estate and the overall value of the assets at death. This can be crucial where it is not immediately clear who should inherit or when the size of the estate is unknown.
Charities also benefit significantly from probate records being in the public domain. Many people leave gifts to charities in their wills, sometimes without telling their family or executors. Charities use specialist notification services, to identify when they have been left a gift once the will is made public. This helps ensure that charitable donations are not missed and that the wishes of the person who made the will are respected. Without access to public probate records, many charitable legacies would simply go undiscovered.
At Taylor Emmet, our Inheritance Tracing team works closely with specialist genealogists to help families and personal representatives when there is no will, when a will is invalid, or when it does not deal with the whole estate. We guide clients through the process from start to finish, identifying the correct beneficiaries, confirming who is entitled to inherit, and ensuring the estate is distributed properly. Our focus is on making what can be a complex and emotional process as clear, transparent, and straightforward as possible.
For more information contact (0114) 218 4200 or email our Inheritance Tracing team.