Legal Question in Wills and Trusts in New York

Re: Copy of a will

You do not state if the Testator/Testatrix is alive or deceased. If alive, you are not entitled to a copy. If deceased, and the Executrix refuses to give you a copy, you may make an application in the Surrogate's Court in the county where the decedent resided at the time of death for relief.

Re: Copy of a will

Presuming the maker of the Will is deceased, it could be requested and refusal to supply or probate it could require a court order to produce and probate, unless there are reasons the probate is not necessary (e.g., all assets are jointly registered, which controls ownership despite a will to the contrary). If the maker is still alive, it need not be produced as it could be changed before death, so its contents are not fixed. This result might be different if the maker were incapacitated and no longer capable of making changes. More information is necessary to provide a more responsive answer.

Re: Copy of a will

This is a regular problem. I assume the person who made the will is deceased. Assuming also you are named as a beneficiary in the will, you meet the definition of 'interested person' and you have an absolute right to access to the will. The sister may not deny you access.

If she tries to shut you out, a motion to the court will get you a court order to make her give you a copy. If she does not give it to you, or there are other irregularities, then she can be removed as executor of the estate. You or another person can be appointed by the court in her place.

It is a serious matter to deny you access to the will and the court will enforce your rights.

On the other hand, if the maker of the will is still living then you have no right to see the will at all.

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