Will Rights

Often people ask us to assist in accessing a copy of a Will of a deceased relative when the holder of the Will is refusing to provide it.

In NSW, section 54 of the Succession Act 2006 details those who are legally able to inspect the Will of the deceased.

If eligible, the right also confers on them the right to see and take a copy of:-

  • the current will.
  • revoked wills.
  • a document purporting to be a Will.

The person who has control of the Will must allow the following to inspect the Will and if requested, at their own cost, be provided with a copy of the Will.

  • A person named in the Will (not limited to beneficiaries only).
  • A person named in an earlier Will as a beneficiary.
  • The surviving spouse or defacto spouse of the deceased (including same sex relationships).
  • Children of the deceased.
  • Parent or Guardian of the deceased.
  • A person who would have been entitled to a share on intestacy.
  • Any parent or guardian of a person entitled to a share on intestacy.
  • A creditor who has a claim on the Estate.
  • The manager of the deceased Estate immediately prior to their death.
  • Any attorney under an Enduring Power of Attorney made by the Deceased.
  • To a court, if requested by that Court.

If you are a beneficiary under the Will, then you may also seek a copy of the Inventory of assets and liabilities.

Need help?

Quinn Lawyers can assist you if you are the Executor, Beneficiary or otherwise of an Estate and can discuss your rights and obligations to provide a copy of the Will of a deceased person.

Quinn Lawyers can also assist Executors in the administration of the Estate and generally as to Estate requirements including coordinating between beneficiaries and executors.

If you require any assistance in accessing a copy of a Will of a deceased relative, please do not hesitate to contact our team of Lawyers at The Quinn Group on (02) 9223 9166 or submit an online enquiry today.