Rights of Beneficiaries of a Will in NSW

If you’re the beneficiary of a deceased loved one’s estate, the last thing you want to think about is the assets and belongings left to you. But as a beneficiary, you also don’t want to be kept in the dark. This is why it is important to know the rights of beneficiaries of a Will in NSW. Keep reading to learn more or speak to one of our Wills and estate lawyers if you have any questions about being the beneficiary of an estate.

Who Counts as a Beneficiary of a Will?

A beneficiary is a person or an entity who is named in a Will as being entitled to receive all or part of a deceased person’s estate. Common beneficiaries include family members such as spouses, children, and grandchildren. However, beneficiaries can also include a person or a not-for-profit organisation, foundation or trust receiving a portion of the estate through a bequest. The key is that beneficiaries are explicitly named in the will and their share of the estate is outlined clearly and concisely.

Rights of Beneficiaries of a Will in NSW

So what are beneficiaries rights, and what information is a beneficiary of a Will entitled to?

To be informed that the deceased person did leave a Will

Beneficiaries have a right to be informed that the deceased person did leave a valid Will and that they are named as a beneficiary of that Will. This falls under the responsibilities of the executor of the will. 

To receive a copy of the Will, at your request

A beneficiary, or someone who believes they should be, has the right to obtain a copy of the Will.

To be kept informed while the executors administer the estate

Beneficiaries of a Will should be advised of any expected delays in distribution of the estate.

To receive their entitlement within 12 months of the deceased’s death

Unless otherwise stipulated in the Will, or in extenuating circumstances that have been explained, beneficiaries have a right to receive their entitlement within 12 months of the deceased’s death.

As a beneficiary, you should also:

• Be told what your entitlement is and the expected timeframe for your receipt of it.
• Be advised of any liabilities, including debts and taxes against the deceased estate.
• Receive a Statement of Distribution explaining your entitlement and how it was determined.

To be informed of any legal proceedings

Beneficiaries have a right to be informed of any legal proceedings against the deceased, or of any challenges to the Will. Another right of beneficiaries of a Will (NSW) is to be informed about any grants of probate.

Where an estate is to be divided amongst adult offspring, for example, each beneficiary should be informed about the entire estate, its real estate, assets of the estate and liabilities.

However, if grandma has left you her Harley Davidson, and nothing more, then you only have the right to obtain information about the motorcycle: registration and insurance documents, outstanding loan, and so on. You are not entitled to be informed about the remainder of her estate.