Can I see a copy of my deceased fathers will
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Can I see a copy of my deceased fathers will
My father changed his will when he moved in with his partner they did not
marry I have been told that when he died he had left everything to his
partner can I see the will and can I contest it.?
Asked on March 15, 2018 under Estate Planning, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
First of all, I assume that you have asked the executor for a copy and have been denied. So if the Will has been admitted to probate; it has it is now a matter of public record so you have a right to see it. If for some reason it has not yet been probated, then as your father's child, you can still get a copy since you are an "interested party". This is someone who would have inherited if there had there been no Will (pursuant to something known as "intestate succession"). Accordingly, since whether or not there exists a Will affects your rights, you have "standing" (i.e. a stake) in this which gives you the right to bring a legal action to view it. However, you really may not even be named as a beneficiary; the fact is that a parent an disinherit a child. Further, whether or not you contest the Will is up to you. You can choose to contest but you may not be successful; you really need to consult directly with a probate attorney to make that determination.
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