The right to know: who is entitled to a copy of the will?

It is perfectly understandable to be curious about who receives a copy of the will. Will reading, in Australia at least, isn’t really like the movies, with a scandalous reading taking place in a darkened, oak furniture-lined quarter.

 

Instead, the executor or estate administrator will send out copies of the will to each named beneficiary, as this will allow them to read it all in their own time. However, people who were not named on the will may also request a copy of the current or prior copies.

 

The most reputable estate lawyers Canberra has available can help you navigate this tricky situation, but in the meantime here is some more important information regarding who is entitled to receive a copy of the will:

 

Who is entitled to access current & prior will copies?

 

When someone passes away, there are steps required to locate and scrutinise the will as well as seek out any informal wills. The closest next of kin will usually be required to undertake this task, if not the deceased’s personal representative (the person appointed will administrator or executor).

 

Once the final or informal will is located, another step must be taken to find any prior wills to see that the deceased’s pattern of wishes hadn’t dramatically altered in the leadup to their death and their last will (this is also because a copy of the will/s may be requested).

 

If you are hoping to challenge the will’s validity as you think the willmaker was unduly influenced or didn’t have the capacity to make the will, then you must ask the personal representative for a copy of any current and past wills. If you intend to take your claim further to receive a provision from the estate, then you must obtain a copy of the current will and older wills to ensure you can make your claim within the ACT’s six month timeframe.

 

The best estate lawyers Canberra has can help you both request a copy of the will and undertake the process of contesting its contents before the timeframe ends.

 

The people who can request a copy of the will

 

Under ACT law, there are a number of people who can request a copy of the will, including:

 

• - A beneficiary or executor named in the will or a previous will;

• - A spouse - de facto or married, as well as one of the deceased’s children;

• - A parent or guardian of the deceased;

• - A parent or guardian of a minor who has been named as one of the will’s beneficiaries;

• - A parent or guardian of a minor who would be entitled to some of the estate’s provision given the deceased person passed away interstate;

• - A person who would be entitled to a provision if the deceased passed away without making a will;

• - A person who was a manager or guardian of the deceased person before the time of their death under the Guardianship and Management of Property Act 1991;

• - One of the deceased’s attorneys under an enduring power of attorney;

 

Anyone who is maintaining the will for the deceased person - including solicitors or executors - must make a copy of the will available to the above-listed parties upon their written request.

 

Navigating the complex situation of will executing can be difficult, especially when it comes to who is entitled to a copy of the current and prior wills. It is for this that it is always a good idea to enlist professional legal help to ensure that there are no hurdles and that you have the best legal advice in your corner should a problem arise with will entitlement.