One of the first steps when determining your legal position on estate disputes is often looking at the terms of the Will in question. But how do you obtain a copy of the Will if you aren’t the executor of the estate? There are many people that are in positions that are entitled to access the Will or obtain a copy of it.
Under the Succession Act (NSW) 2006, the person with power and control of the Will of a deceased individual whose estate is to be administered in NSW is legally obligated to allow a person to inspect or obtain a copy of the Will. This individual must meet one or some of the below requirements:
- The person is named or referred to in the Will
- The person is named or referred to in an earlier Will as a beneficiary of the deceased individual
- The surviving spouse, de facto partner or child of the deceased individual
- A parent or guardian of the deceased
It is good to note that there are many other categories of people that can access an individual’s Will of which we can speak you through should you not meet the above criteria.
Obtaining a copy of a Will is only possible if the individual is deceased. Obtaining a copy of a Will of someone who is still alive isn’t possible and should not be the reason for legal action to proceed, even if you hold the power of attorney.
What can you do?
If you are a person who is entitled to inspect or obtain a copy of the Will of a deceased individual, we can suggest you try one of the following:
- Contact the executor of the Will and request a copy.
- Contact the executor’s solicitors to request a copy.
- Contact the Taylor & Scott team.
It will be necessary that you identify who you are through legal identification purposes, and how you are eligible under the provisions of the Succession Act (NSW) 2006.
Taylor and Scott’s offer to you
Taylor & Scott’s cost-effective and competitive Wills & Estates services can help you navigate the complicated processes that surround probates. Our experienced team are always across changes and able to advise you on the most up-to-date information.
Arrange to meet with a Taylor & Scott Lawyer.
At Taylor & Scott “We Care For You”.