It is a commonly asked question, “When someone dies, who can request a copy of the deceased person’s will?” It is often both a confronting and sensitive question for many people to ask particularly when unlike the movies, there is no obligation on the executor of a will to hold a formal “reading of the will” following the death of the deceased person. In NSW, the answer can be found in section 54 of the Succession Act 2006 (NSW).
Section 54 provides that a person who has possession or control of the will of a deceased person must allow certain people to inspect or be given a copy of the will upon request at their own expense. In NSW, the following persons may inspect or be given copies of the will upon request being made to the person who has possession or control the will:
(a) any person named or referred to in the will, whether as a beneficiary or not,
(b) any person named or referred to in an earlier will as a beneficiary of the deceased person,
(c) the surviving spouse, de facto partner or issue of the deceased person,
(d) a parent or guardian of the deceased person,
(e) any person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate,
(f) any parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the testator if the testator had died intestate,
(g) any person (including a creditor) who has or may have a claim at law or in equity against the estate of the deceased person,
(h) any person committed with the management of the deceased person‘s estate under the NSW Trustee and Guardian Act 2009 immediately before the death of the deceased person,
(i) any attorney under an enduring power of attorney made by the deceased person.
Section 54 provides a right for eligible persons to inspect the will, while section 54(3) imposes a requirement on the person who has possession or control of a will of a deceased person to produce it to Court if the Court so requires. Accordingly, a person who has a right to inspect a will needs to bring an application seeking an order for production to the Court if their request to inspect the will of a deceased person is refused.
At Everingham Solomons we have the expertise and experience to assist you with with all matters relating to wills and deceased estates, because Helping You is Our Business.
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