Is the executor obligated by law to provide a copy of the will to anyone who asks?

This is a question that I received from a reader by way of email. It's a question I hear a lot, so I thought I'd share the answer.

No, the executor is not required by law to give a copy to anyone who asks. Plenty of people who have no business asking will ask. Others who believe they have a legitimate reason to ask will also request a copy, though they may be mistaken about whether legally they are entitled to that. The executor is responsible for safe-guarding the deceased's private information.

The executor is in almost every jurisdiction required to provide a full copy of the Will (and supporting probate documents if he/she applies for probate) to residuary beneficiaries of the estate. These are the people who have a financial stake in the overall estate, and have the right and obligation to watch over what the executor is doing. They need to see the Will to do that.

Individuals are not entitled to have a copy of the Will simply because they are related to the deceased. I realize this is difficult for those individuals to accept, and difficult for the executor to enforce.

Beneficiaries who are going to receive a specific gift from an estate, such as a piece of jewelry or a specified sum of money are not entitled to have a copy of the entire Will either.

Others to whom the executor may provide with a copy of the Will are those who are in charge of transferring an asset that belongs to the deceased, such as the Land Titles Office, a Transfer Agent for stocks and shares, or Canada Revenue Agency. These people must verify that the executor is, in fact, the person legally entitled to give them instructions to deal with the deceased's assets. Also, the executor will provide a copy of the Will to the accountant who prepares tax returns on behalf of the estate.