Who Can View a Will in the ACT? Access Rights Under Section 126 Explained

Section 126 of the Administration and Probate Act 1929 (ACT)

The entitlement to inspect or obtain a copy of a deceased person’s will in the ACT is governed by section 126 of the Administration and Probate Act 1929 (ACT). This section sets out the categories of people who have a legal right to access the will and ensures transparency for beneficiaries, family members and other interested parties.

Key Points of Section 126

1. Right to Inspect the Will:

   
   Section 126 provides that certain individuals may request to view or obtain a copy of the will. This includes people who have a legal, beneficial or potential interest in the estate, allowing them to understand the deceased’s intentions and whether they are entitled to benefit.

Eligible persons include:

• A person named or referred to in the will (including beneficiaries).
• A person named as a beneficiary in an earlier will.
• A domestic partner or child of the deceased.
• A parent or guardian of the deceased.
• A parent or guardian of a minor who is a beneficiary or who would be entitled if the deceased died intestate.
• A person who would be entitled to a share of the estate under intestacy laws.
• A guardian or manager appointed under the Guardianship and Management of Property Act 1991 (ACT) immediately before death.
• An attorney under an enduring power of attorney made by the deceased.

2. Application Process:

• A written request must be made to the person with possession or control of the will, usually the executor or the estate’s solicitor.
• The applicant must pay the reasonable costs of obtaining a copy.
• If access is refused, the eligible person may apply to the Supreme Court of the ACT for an order compelling the executor to provide the will.
• Court access is also available where the will has been filed for probate.

Viewing Wills in the ACT

1. Contact the Executor or Estate Solicitor: Make a written request for a copy of the will. Executors must comply with section 126 when dealing with eligible persons.
2. Approach the Solicitor Holding the Will: If the executor does not respond or refuses, you may seek the document directly from the estate’s lawyer.
3. Apply to the ACT Supreme Court: The Court can order the executor or any person holding the will to produce it.
4. Seek Assistance from Estate Lawyers: A wills and estates solicitor can assist in securing access and resolving disputes where necessary.

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