How do I obtain a copy of the Will?

If you have been named as a beneficiary in a deceased estate, you may need to know how to get a copy of a will in NSW.

As someone named as a beneficiary in a Will, you are entitled to a copy of the Will. However, you will need to apply to receive a copy. Sometimes enquiries need to be made to locate the Will or Wills left by the Deceased.

Before probate, Section 54 of the Succession Act 2006 states that any person who has possession of the Will, usually the Executor or the Deceased’s solicitor, must provide copies of the Will upon request to the following people:

• Any person named in the Will
• Any person named as a Beneficiary in a previous Will
• The spouse or de facto of the Deceased
• The child of the Deceased
• The parent of the Deceased
• Anyone person who would have been entitled to a share of the estate if the Deceased had died without a will
• Any person who may have a claim against the estate of the Deceased
• Any person who was entrusted with the management of the Deceased person’s estate under the NSW Trustee and Guardian Act 2009 before the Deceased’s death
• An attorney acting as under an enduring power of attorney made by the deceased person
• Any other person allowed under the NSW succession regulations

The Probate and Administration Act 1898 specifies that once a Will has been admitted to probate, any person can apply to the Supreme Court of NSW for a copy, provided they pay the associated fees.

Obtaining a Copy of the Will

If you are a Beneficiary of an Estate in NSW and you wish to obtain a copy of the Will, we advise doing the following:

• Firstly, if you know who the Executor is, or another person who may have the Will, then contact them and request a copy;
• Secondly, contact the lawyers of the Deceased to request a copy of the Will;
• Thirdly, if you cannot locate the Executors of solicitors holding the Will, then contact the NSW Supreme Court probate registry and request a copy from their records

Finding the Executor

If you don’t know who the Executors are, then you can monitor the Probate Register and/or newspapers in the area where the deceased lived before passing away.

A Probate, legal or death notice will normally be placed in the Probate Register and sometimes in a newspaper listing the executor and/or solicitor’s contact details. However, this may not be the case if there is no intention to file for Probate or Letters of Administration. If this is the case, you may wish to seek legal advice about steps to be taken.

Lodging a Caveat

In some cases, where you believe you have an interest in the Deceased’s Estate, it may be necessary for you to lodge a Caveat on a Grant or Re-Seal of Probate. A Caveat provides notice that you have an interest in the Deceased Estate before Probate is granted by the court and prevents the Probate being granted by the Court.

Please contact one of our experienced Wills and Estate lawyers if you:

1. believe that you have an entitlement under a Will;
2. are unable to locate a Will or Executor;
3. believe you have been unfairly left out of a WIll;
4. are considering lodging a caveat; or
5. are seeking advise on other steps to take against or to protect an Estate.

RELATED ARTICLES

ANY QUESTIONS?
SPEAK TO ONE OF OUR LAWYERS.

Name

Phone Number

Email

Briefly Describe Your Enquiry