Who can get a copy of a Will?

It is the duty of the executor or administrator of a deceased estate to distribute the estate in accordance with the terms of the Will.

In many cases family, friends and interested people will request a copy of the will from the executor.

Section 54 of the Succession Act 2006 sets out the persons entitled to inspect the will of the deceased person. The persons are:

(a) any person named or referred to in the will

(b) any person named or referred to in an earlier will

(c) the surviving spouse, de facto partner or child of the deceased

(d) a parent or guardian of the deceased person

(e) any person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate (without a will)

(f) any parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the deceased person had the deceased person died intestate

(g) any person, including a creditor, who has or may have a claim at law or in equity against the estate of the deceased person

(h) any person committed with the management of the deceased person’s estate under the NSWTG Act immediately before death

(i) any attorney under an enduring power of attorney

If the person so requesting a copy of the will fits into one of the above categories then they are entitled to a copy, at their own expenses.

If you are an executor of an estate and require assistance with administering the estate including dealing with the beneficiaries, or if you are a beneficiary or person left out of a will and require advice as to your legal position then get in touch with our Probate and Estate’s Division by contacting your nearest office.

We have wills lawyers located at Sydney, Parramatta, Chatswood, Sutherland and Wollongong.