Who is Entitled to Obtain a Copy of a Will in Australia?

When someone passes away we don’t initially think about where their Last Will and Testament might be or if we need a copy of it. However, shortly after laying a loved one to rest, it will be necessary to review their Will and distribute their estate. Usually, the person who is the executor of the Will is in possession of a copy of the document and can distribute it to those you are entitled to a copy of it. But before a Will is distributed it is important to define who is actually entitled to a copy of the document. 

Therefore, first it is important to know who is entitled to a copy of the Will. This list includes the following persons. 

• The Executor of the estate 
• The attorney who drafted the Will or holds an enduring power of attorney 
• Beneficiaries who are named in the current Will 
• Surviving spouse, children of the deceased, adopted children of the deceased, a de facto partner and possibly someone who was previously a beneficiary who is no longer named as such in the current Will 
• Any person who might have taken by the intestate laws if the deceased had died without a Will 
• If the deceased had creditors or a claim was outstanding against the estate, those persons would also be entitled to a copy of the Will upon showing the same 
• Any person who was legally responsible for assisting the deceased in carrying out their affairs 

If you are one of the people entitled to a copy of the Will, then it must be provided to you. Therefore, if you are a person who is in possession of a copy of the Will, and one of these named persons is entitled to a copy of the Will, it is possible you will be directed to provide the person with a copy of the document. Under these circumstances, you must provide a copy of the Will to the person entitled to receive it. 

If you are entitled to a copy but you do not have a copy; how do you obtain a copy of a Will? 

Once you fall within one of the above categories, you can obtain a copy of the Will in a few different ways. 

• You can request a copy from the Executor of the Will 
• You can request a copy from the attorney who drafted the Will 
• Once the Will has been admitted to Probate any person who is entitled to a copy can request one from the Court. The Court will then determine if the person falls within one of the above categories and, if so, will provide the person with a copy of the Will 
• You can request a copy of the Will from someone who is currently in possession of a copy 

With one of these four possible avenues available for securing a copy of a Will that you are entitled to, it should not be difficult to get your copy of the document. However, if you are denied a copy of the Will, and you believe you are entitled to a copy of the document, it is highly recommended you seek the advice and guidance of a solicitor.  

In the event that you find yourself in need of assistance, please contact the law offices of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.