It is increasingly common for individuals to seek legal advice after being told they are named in someone’s will, or expect to benefit under it, even though the will‑maker is still alive. While this is entirely understandable, it is important for beneficiaries to understand the legal position and the limits of what advice can and cannot achieve at that stage.
This article explains what beneficiaries should know when seeking advice about a will that has not yet taken effect.
A Will has no effect until death
The fundamental legal principle is straightforward: a will has no legal effect during the lifetime of the person who made it (the testator).
Until death:
- No beneficiary has a legal entitlement to any part of the estate;
- No interest under the will is fixed or guaranteed; and
- The testator remains free to change or revoke their will at any time, provided they have capacity and are not acting under undue influence.
For beneficiaries, this means that even a professionally drafted and signed will represents intentions only, not enforceable rights.
Why beneficiaries commonly seek advice early
Beneficiaries often seek advice because they:
- Have been shown a copy of a will;
- Have received assurances about future inheritance;
- Are being asked to make personal, financial or care‑related decisions based on expected inheritance; and/or
- Are concerned about fairness, family tensions or future disputes.
At this stage, legal advice is typically informational rather than tactical. It is about understanding the framework, not asserting rights.
Confidentiality and access to the Will
A will is a private document while the testator is alive. Unless the testator has authorised disclosure:
- Solicitors acting for the testator cannot confirm whether a will exists, who benefits or what it contains;
- Beneficiaries have no automatic right to see a copy; and
- The testator’s advisers owe duties exclusively to the testator, not to potential beneficiaries.
This can sometimes come as a surprise, particularly where family discussions have been open. However, confidentiality is a cornerstone of estate planning law.
Verbal promises and expectations
A common issue for beneficiaries is reliance on verbal assurances, such as being told that a particular asset or share of an estate “will definitely” pass to them.
From a legal perspective:
- Verbal promises do not override a later written will;
- Even written wills can be changed; and
- Lifetime conduct or assurances rarely create binding rights on their own.
In limited circumstances, reliance on promises can give rise to later claims, but these are fact‑specific, complex and far from guaranteed. Beneficiaries should therefore approach such assurances with caution. Remember it is always best to document any assurances given in a binding legal document to avoid later disputes.
What advice can properly address
Although beneficiaries cannot secure rights during the testator’s lifetime, advice at this stage can still be valuable.
It can help beneficiaries:
- Understand how wills and succession operate in law;
- Distinguish between moral expectations and legal entitlement;
- Avoid making irreversible financial or personal decisions based on anticipated inheritance;
- Identify potential risk factors for future disputes; and
- Prepare emotionally and practically for outcomes that may change.
Importantly, advice can also help manage expectations and prevent misunderstandings that often fuel conflict after death.
Acting on an expected inheritance: a note of caution
Beneficiaries are strongly advised not to:
- Incur debt based on future inheritance;
- Transfer interests, work without pay or provide long‑term care solely in reliance on a promised legacy; and/or
- Assume that current estate arrangements are fixed.
While none of these steps are inherently improper, they carry legal and practical risks if future intentions change.
Maintaining appropriate boundaries
Legal advice often emphasises boundaries, both legal and personal. Beneficiaries should be mindful that:
- The testator’s autonomy must be respected;
- Pressure, assumptions or entitlement can undermine family relationships; and
- Early advice is about understanding the legal landscape, not shaping outcomes.
Clear boundaries now often reduce the likelihood of disputes later.
A preventative, not determinative, step
Seeking advice as a beneficiary while the will‑maker is alive is not about enforcing a position. It is about knowledge, perspective and risk awareness.
A will speaks only from death. Until then, beneficiaries are best served by understanding that the law protects the testator’s freedom above all else and by planning their own affairs accordingly.
If you would like advice in relation to a will of an individual who has not yet died, please do not hesitate to contact Nelsons.
How can we help?
Amrik Basra is an Associate in our Private Litigation team.
At Nelsons, our team specialises in these types of disputes and includes members of The Association of Contentious Trust and Probate Specialists (ACTAPS). The team is also recommended by the independently researched publication, The Legal 500, as one of the top teams of specialists in the country.
If you have concerns about the above subject, don’t hesitate to get in touch with Amrik or a member of our expert Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
Contact usIf this article relates to a specific case/cases, please note that the facts of this case/cases are correct at the time of writing.