For those wondering if they are mentioned in another person’s will, you are not entitled to see someone’s will while that person is still alive. But what if the individual has passed away?
Potential beneficiaries and others are often interested to ascertain the terms of a will after becoming aware of someone’s death. Assuming there is a will then the executor/s appointed under the will, normally, will be amongst the first to know about the testator’s death but there is no requirement for beneficiaries or others referred to in the will to be informed of its contents.
However, under section 54 of the Succession Act (NSW) 2006 a person who has possession or control of a will of a deceased, whose estate is to be administered in New South Wales, must allow certain persons to inspect and have a copy of the will including:
* a person named in the will as a beneficiary or otherwise
* the surviving spouse, de facto or child of the deceased
* a person named in an earlier will of the deceased as a beneficiary
* any person including a creditor who may have a claim against the estate
Therefore, it is up to an interested person, upon becoming aware of the death of another to contact an executor or the deceased’s solicitor if that person considers they are entitled to see the will.
Of course, if Probate of the will has been granted by the Supreme Court of NSW (required for the executors to deal with the assets of the estate) then the will becomes a public document and anyone can apply to the Court for a copy of it.
May 2023