Many people choose to store their wills at home - hopefully somewhere fire and floodproof - however, others lean on their local solicitor to keep their will safe. This is pertinent, because wills are an extremely private matter and unless, before dying, the will-maker shares information with their beneficiaries, the latter may not have any knowledge that they are set to receive an asset.

So how will you know if you are named in someone’s will?

When an individual dies, the executor of the will is required to seek Confirmation (Scottish probate). This requires the executor to send the will to court where it is checked, copied and later becomes accessible to the public. The will can also be registered in the books of Council & Session, another public register.

Even though the will eventually ends up in the public domain, unless an individual was in touch with the deceased before their passing or had been informed of their beneficiary status, they could still be none the wiser.

Will an executor contact me?

If you’re not in touch with the deceased and don’t know someone has died, it will be up to the executor to contact you. That’s why it’s important to keep a will up to date as it will ensure the deceased’s assets reach the people they were intended for as fast as possible.

If you think the deceased might not have your up-to-date contact details then you can contact the executor yourself. In some cases, a beneficiary may also contact the deceased’s solicitor directly if they think that the executor may need to speak to them. Some people also store their will with their bank. It’s a lot less common these days but that can also be another route to finding out who the executor is and whether you were named in the will.

Can I ask to see the will?

The executor has no obligation to show the will to anyone except the courts. This can come as quite a surprise but remember they were chosen by the will-maker to be trustworthy and to carry out the wishes of the deceased. Even if you haven’t seen the will itself, it is the duty of the executor to carry out the wishes of the deceased.

In many cases, the executor will want to show the will to all interested parties anyway as it demonstrates that they are behaving in accordance with the deceased’s desires. Where an executor chooses not to, it may be that they are aware of difficulties between the beneficiary and others in the family. It may also be because of issues amongst the surviving family members themselves.

As unfair as this sounds, remember anyone can see the will once it has been published.

How quickly will I hear from the executor if I have been named?

Dealing with an estate is time-consuming and complex. Before the executor seeks Confirmation, they have to be sure that all of the assets owned by the deceased have been identified and listed. If there are any errors this will only serve to slow the process down in the future.

Once the executor has all of the details (the Inventory) they ask the Sheriff clerk to check the documents. This part of the process can be reasonably quick, taking around 3-6 weeks if everything is in order. 

There is no set deadline for when an executor needs to contact the beneficiaries and also no set deadline for how long the executor has to settle an estate.

What happens if a beneficiary cannot be found?

Unless an individual lives off-grid or has been abroad for many years with little or no contact with family or friends, it would be highly unlikely that an executor would not be able to trace them as the beneficiary of a will. An executor must be shown to take all reasonable steps to track down the individual. 

If they still cannot find a beneficiary the next steps would be to divide the estate between those beneficiaries that can be found (with court permission), or to place the money with the court, to enable the assets to be distributed at a later date.