Who Is Entitled to View a Will in WA? Access Rights and Court Options Explained

In Western Australia, access to a deceased person’s will is not governed by a single statutory provision equivalent to section 54 of the Succession Act 2006 (NSW). Instead, access is regulated through a combination of the Wills Act 1970 (WA), the Administration Act 1903 (WA), the Non-Contentious Probate Rules 1967 (WA), and principles established by the Supreme Court of Western Australia.

Although Western Australia does not have a centralised statutory “right to inspect,” there are clear legal pathways for individuals with an interest in the estate to obtain a copy of the will.

 

Right to Inspect the Will

In WA, executors are generally expected to provide a copy of the will to anyone who has a proper interest in the estate. This includes:

• beneficiaries named in the will;
• people named as beneficiaries in earlier wills;
• spouses, de facto partners and children of the deceased;
• named executors (whether they take up the role or not);
• potential claimants under the Family Provision Act 1972 (WA); and
• any person who can demonstrate a genuine or potential entitlement.

The Supreme Court confirmed this approach in Chapman v Garrigan [2017] WASC 336, noting that it is ordinarily appropriate for a person with a potential interest to be given access to the will unless exceptional circumstances justify refusing disclosure.

 

Application Process

1. Make a Written Request

   
   The first step is to make a written request to the executor or the solicitor holding the will. Executors are expected to act reasonably and provide access unless there is a valid legal reason to refuse.

2. If Access Is Refused

   
   If informal requests are unsuccessful, several formal mechanisms are available:

• Probate Registry Access

  
  Once probate has been applied for, the will becomes part of the public probate file. Persons with sufficient interest may request to inspect or obtain a copy through the Supreme Court of Western Australia Probate Office.

• Court Application

  
  If the will is not voluntarily disclosed, an application may be made under Order 73, rule 20 of the Rules of the Supreme Court 1971 (WA) to compel production of the will.
  Before applying, the requesting party should provide written notice to the executor and a costs estimate, as costs are often recoverable if the refusal was unreasonable.

Practical Considerations in WA

• No Central Wills Register

  
  WA does not maintain a central public will registry. However, the Public Trustee of Western Australia operates a “Will Bank” where individuals may deposit their wills for safekeeping. If the whereabouts of a will is unknown, a search request can be made.

• Commonsense Approach Encouraged

  
  Executors and solicitors are encouraged to adopt a practical approach to providing access. Early disclosure typically facilitates smoother estate administration and reduces the risk of disputes.

 

Summary

While Western Australia differs from NSW by not having a legislative provision expressly granting access to wills, there are clear legal principles and established procedures enabling eligible persons to obtain a copy. These include:

• informal written requests to the executor;
• applying to inspect the will through the probate registry after probate is lodged; and
• seeking a court order under Order 73, rule 20 if disclosure is refused.

The team at Chamberlains is here to assist you through the process. We’re With You.