QUESTION
If I know that my father has a will, do I have a right to view it prior to his passing?
Asked on Jan 09th, 2015 on Estate Planning - Oregon
19 ANSWERS
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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No, you do not have a right, and he has no obligation to disclose it to you. That said, it is my practice to recommend to my estate planning clients that they share at least the basics of the plan (and where to find the Will or Trust!) with the person they have designated as personal representative (executor, trustee, etc.)
Answered on Jan 22nd, 2015 at 2:19 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Nope. Merely because you believe that you're entitled to an inheritance doesn't give you the right snoop on his affairs, including his will. Many parents who know that provisions of their wills will antagonize their children intentionally keep their wills confidential so they don't have to put up with whining or other immature behavior. While it's okay to ask (ONCE!!) where the will and other important documents are stored, I can't imagine an adult who is so childish as to pester a aging parent about "WHAT DO I GET" "DOES TIMMY GET MORE THAN ME."
Answered on Jan 14th, 2015 at 12:37 PM
No. A will is a private document until it accepted by a probate judge as a valid will. And then it becomes a public document that can be viewed by you and anyone else.
Answered on Jan 13th, 2015 at 5:40 PM
No, you have no right to view the will prior to your father's death.
Answered on Jan 13th, 2015 at 7:32 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Nope. Answer applies to Oregon.
Answered on Jan 13th, 2015 at 7:31 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally you do not have the right to view your father's will prior to his passing without your father's permission. Furthermore even if you did view it it is subject to change by him at any time he wants to viewing it now will not come with a right to rely upon what is written now.
Answered on Jan 13th, 2015 at 7:31 AM
No. It is not a public document. You can ask him but he does not have to show it to you and probably does not want to do so [so you do not make a negative change in your attitude toward him].
Answered on Jan 13th, 2015 at 2:19 AM
2 Awards
No you do not. Wills are not valid until death.
Answered on Jan 12th, 2015 at 11:47 AM
Thomas Edward Gates
No, you have no rights.
Answered on Jan 12th, 2015 at 11:41 AM
Elizabeth Standish Cypers
No, you do not have a right to view your parent's will prior to his or her passing. If you are concerned about your parent's estate planning, it is best to try to start a dialogue with them and discuss your concerns.
Answered on Jan 12th, 2015 at 11:40 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, it his will, subject to change before he passes and your business only after he does if you are an heir or interested party.
Answered on Jan 12th, 2015 at 11:39 AM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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You do not have a right to view the Will prior to your father's death. There are a couple of public policy reasons which dictate privacy. First, if a person knows the provisions of another person's Will, and does not like those provisions, the person might try to unduly influence the testator to change the Will. That is not acceptable. Second, the testator should be able to make changes to his or her Will at any time while competent. The testator might feel unable or unwilling to make the desired changes to the Will if other people had learned of the original provisions. The provisions of a Will should remain private until after the testator's death.
Answered on Jan 12th, 2015 at 11:36 AM
No, not unless he is willing to show it to you. The only exception would be if you suspect that someone has had undue influence on your father and persuaded him to change the will in favor of that person. There's a very high standard to prove such a situation and it often involves getting a court to declare your father incompetent at the time he executed the will.
Answered on Jan 12th, 2015 at 10:29 AM
No, you do not. While the testator (the person who signed the Will) is alive, it's his (or her) decision who gets to see a Will.
Answered on Jan 12th, 2015 at 10:26 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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No. Once the will is probated in court, it becomes a public document, and you will be able to review it, but not before.
Answered on Jan 12th, 2015 at 10:25 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Your father controls who has access to his Will. You must ask your father for permission to see his Will.
Answered on Jan 12th, 2015 at 10:24 AM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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No. Your father can change his will at any time. Because your father has the right to change his will at any time, you have no right to review it prior to his death.
Answered on Jan 12th, 2015 at 10:24 AM
Litigation Attorney serving Wendell, NC
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Kirk, Kirk, Howell, Cutler & Thomas, L.L.P.
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No, you do not . . . except with his permission.
Answered on Jan 12th, 2015 at 10:24 AM
No, you do not have a right to view it unless you are his court appointed guardian.
Answered on Jan 12th, 2015 at 10:23 AM