Who Can See a Will in NSW?
If you’re wondering whether you’re mentioned in someone else’s will, it’s important to know that you are not entitled to see their will while they are still alive. But what happens after they pass away?
After a person dies, it’s common for family members, potential beneficiaries, or other interested parties to want to know the contents of the will. If a valid will exists, the appointed executor is usually among the first to be notified of the death. However, there is no legal requirement for the executor to inform beneficiaries or others named in the will of its contents.
What Does the Law Say?
Under section 54 of the Succession Act 2006 (NSW), any person who has possession or control of a deceased person’s will must allow certain individuals to inspect it and obtain a copy. This applies where the estate is to be administered in New South Wales.
The following people are entitled to see or obtain a copy of the will:
-
Anyone named in the will as a beneficiary or otherwise
-
The surviving spouse, de facto partner, or child of the deceased
-
Anyone named in an earlier will of the deceased as a beneficiary
-
A person (including a creditor) who may have a claim against the estate
How to Access a Will
If you believe you may be entitled to see the will, you should contact the executor or the solicitor managing the estate. It is your responsibility to make the enquiry—executors are not obligated to notify you.
Once Probate Is Granted
Once probate is granted by the Supreme Court of NSW, the will becomes a public document. At that stage, anyone can apply to the Court to obtain a copy of the will.
Need Help Accessing a Will in NSW?
If you believe you are entitled to view a will or have concerns about an estate, contact A. S. Laumberg for trusted legal guidance on estate and probate matters in New South Wales.