Who is entitled to view a persons Will? Viewing Wills in NSW and ACT

Section 54 of the Succession Act 2006 (NSW)

Are you able to get a copy of the will?  Under Section 54 of the Succession Act 2006 (NSW) pertains to the rights of beneficiaries and others to view a will. This section is significant for individuals seeking to understand their entitlements or the provisions made in a deceased person’s will.

 

Key Points of Section 54

1. Right to Inspect the Will: Under the Section it provides that a person who is interested in the estate (such as a beneficiary or someone who may have a claim against the estate) has the right to inspect the will. This right allows interested parties to view the will to understand how the deceased’s share of the estate is to be distributed.

2. Application Process:

– To view a will, a person typically needs to request access from the executor or the Estates Lawyer, in some cases, the court if the executor does not provide the will voluntarily. Usually this is done in writing to the executor or if you have details of the Estates lawyer.

– Rare scenario: If the will has been lodged with the court for probate, interested parties can apply to the court to view the will as part of the probate process.

Legitimate Interest: To inspect the will, individuals generally need to demonstrate that they have a legitimate interest in the estate, such as being named in the will or previous will or being a potential claimant  or eligible person under family provision laws.

 

Viewing Wills in NSW

In NSW, the process for viewing a will involves the following steps:

1. Contact the Executor or Estate Lawyer: Request access to the will in writing from the executor of the estate or lawyer. Executors are responsible for managing the estate and should provide access to the will upon request by those with a legitimate interest.

2. If the Executor doesn’t provide, then put a written request to the Estates solicitor.

3. If both fail, then an application can be made to the court to force the parties to provide the copy.

4. It is best to seek assistance from a Will dispute solicitor to obtain a copy of the will.

 

Viewing Wills in ACT

In the Australian Capital Territory (ACT), the process for viewing a will is somewhat similar but governed by different procedures under the Act.

1. Contact the Executor or Estate Solicitor: As with NSW, you should first try to obtain a copy of the will from the executor. Executors have a responsibility to provide information to interested parties.

2. Apply to the Court: If you cannot obtain the will from the executor, you can apply to the Supreme Court of the ACT. This is particularly relevant if you need the will for making a family provision claim or other legal reasons.

In both NSW and ACT, the process for accessing a will typically involves requesting it from the executor or the estate solicitor, applying to the court if necessary. Executors have responsibilities to facilitate access in accordance with the law, ensuring transparency and fairness in the administration of estates.

 

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