Who Can Inspect a Will in Queensland? Understanding Access Rights Under Section 33Z

Section 33Z of the Succession Act 1981 (Qld)

Queensland mirrors NSW in approach but operates under section 33Z of its own Succession Act, outlining who has the right to inspect or obtain a copy of a will. This section ensures transparency in estate administration and protects the rights of beneficiaries and potential claimants.

Key Points of Section 33Z

1. Right to Inspect the Will:

   
   A broad group of people, including beneficiaries, former beneficiaries, spouses, children, and anyone who may have a claim against the estate, may request access to the will. The right applies to both the final will and earlier wills.

2. Application Process:

• Requests should be made in writing to the executor or to the solicitor holding the will.
• If the will has been lodged for probate with the Supreme Court of Queensland, an eligible person may apply to inspect it.
• Legitimate Interest: Includes being named in any version of the will, being a close family member, or being someone eligible to apply for further provision under the Succession Act 1981 (Qld).

Viewing Wills in Queensland

1. Contact the Executor or Estate Lawyer: Make a written request. Executors are obligated to provide access to those listed in the Act.
2. Contact the Estate Solicitor: If the executor does not respond, approach the lawyer holding the will.
3. Apply to the Supreme Court of Queensland: If necessary, the Court can order that the will be produced.
4. Seek Legal Assistance: A solicitor can assist if access is refused or delayed.

The team at Chamberlains are here to help guide you through the process. Were With You.

If you have any questions about Wills and Estate Planning, contact our Private Wealth Director Angela Backhouse on 02 6188 3600