Can I see a copy of my deceased fathers will

UPDATED: Oct 1, 2022

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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