Can I have a copy of the Will?

Posted on June 28th, 2017

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When a person makes a Will he or she is not obliged to show the Will to anyone. Some people do, some people don’t. However, after the Will maker has died, certain people are entitled to a copy of the Will as provided for in Section 54 of the Succession Act 2006. Those people who are entitled to a copy are:- 

 

 

  • Any person named or referred to in the Will (whether as a beneficiary of not);
  • A beneficiary of an earlier Will of the deceased;
  • The surviving spouse or de facto spouse of the deceased;
  • The de facto partner of the same sex of the deceased;
  • A child of the deceased;
  • A parent or guardian of the deceased;
  • Any person who would have been entitled to a share of the estate if the deceased had died without a Will;
  • Any parent or guardian of the minor referred to in the Will;
  • Any parent or guardian of a minor who would have been entitled to a share of the estate if the deceased had died without a Will;
  • Any person (including a creditor) who has or may have a claim against the estate;
  • Any person committed with the management of the estate under the NSW Trustee and Guardian Act 2009 immediately before the death of the deceased; or
  • An attorney pursuant to an Enduring Power of Attorney made by the deceased.

If called upon to do so by any of the above, the person who has possession or control of the Will of the deceased must supply a copy of the Will to any of the above who requests a copy. There is no discretion on the part of the executor or whoever has the possession or control of the Will to refuse to supply a copy to any of the above.

 

Robert Lindsay, Consultant at Mullane & Lindsay Solicitors, NewcastleRobert Lindsay is a Consultant at Mullane & Lindsay Solicitors and practises extensively in Wills and estate planning, commercial dispute resolution,  and commercial and property transactions.  If you require any assistance in these areas please contact Robert Lindsay to arrange a consultation or contact our Newcastle or Tea Gardens office. 

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