How to Get a Copy of a Will in NSW
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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 don’t automatically get a copy of the will.
However, if for some reason you would like to see the will, you can apply to receive a copy.
How to Get a Copy of a Will in NSW
If you are a beneficiary of an estate in NSW and you wish to obtain a copy of the will, we advise following these steps in order:
- Firstly, contact the executor or other person you believe may have possession of the will and request a copy
- Look online the NSW Supreme Court website and do a search for the details of the deceased.
- Contact the lawyers of the executor to request a copy of the will
- Contact the Supreme Court probate registry and request a copy from their records The NSW Probate registry can be contacted on 1300 679 272, or you can apply to obtain a copy of a will on their website.
To obtain a copy of the will, you may need to identify yourself and prove that you are an eligible person as per the Succession Act.
Be aware that you will also most likely have to pay any administrative fees applicable to making a copy of the will.
How to Get the Original Will from a Solicitor in NSW
If a solicitor holds the original will of a deceased person in NSW, retrieving it depends on who you are and your legal authority to access it. Unlike obtaining a copy, getting the original will often requires specific legal steps.
Who Can Request the Original Will?
Solicitors generally release the original will only to the executor named in the document. If you are the executor, you have the right to request the will from the solicitor who prepared it or is storing it. If you are not the executor but believe you have an interest in the estate, you may need to go through legal channels to obtain it.
Steps to Obtain the Original Will from a Solicitor
Contact the Solicitor
- If you know which law firm holds the will, reach out to them with proof of the testator’s passing (such as a death certificate).
- If you are the named executor, provide identification and any supporting documents confirming your authority.
Confirm Your Role as Executor
- The solicitor will verify your identity and your role as executor before releasing the will.
- If there are multiple executors, all may need to agree on who will collect the original document.
Request Release of the Will
- Some solicitors require written consent or a signed authority from all executors before releasing the document.
- If the solicitor refuses to hand over the will, they must have a valid legal reason.
If the Solicitor Won’t Release the Will
- If the solicitor is withholding the will without justification, you may need to apply to the Supreme Court of NSW for an order compelling its release.
- Seeking legal advice may be necessary if there is a dispute over access to the will.
Using the Will for Probate
Once the will is obtained, the executor must file it with the Supreme Court of NSW to apply for probate, which confirms the will’s validity and gives legal authority to manage the estate.
If you face difficulties obtaining the original will from a solicitor, speaking with a lawyer who specialises in wills and estates can help clarify your rights and the best course of action.
Finding the Executor
Rarely, it may be the case that when attempting to obtain a copy of the will, you find you are unaware of who the executor is.
If you find yourself in this position, you should monitor the newspapers in the area where the deceased lived before passing away.
Often, a legal or death notice will be placed in a newspaper listing the executor and/or solicitor’s contact details.
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.
It is advisable to speak with one of our experienced wills and estate lawyers if you are considering lodging a caveat or if you have followed the steps in our article how to get a copy of a will in NSW and you still have not found the will.
Learn what steps you can take next.
Who Can Request a Copy of a Will?
Under the Succession Act NSW (2006), any person in possession of a will relating to an estate in NSW must arrange a copy of the will for anyone who is:
- Named in the will, whether as a beneficiary or not
- Named or referred to in any previous wills prepared by the deceased
- The surviving child or spouse of the deceased
- The parent or guardian of the deceased
- Any person who would have been deemed entitled to a share of the estate if the deceased had died without a will (intestate)
- Any person who has a claim against the estate
- Any person who was managing the estate before the deceased’s death
There may be costs associated with obtaining a copy of the will which will need to covered by the person making the request.
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.
Before probate, Section 54 of the Succession Act 2006 states that any person who has possession of the will, usually the executor, must provide copies of the will upon request to the following people:
- Any person named in the will
- A person or beneficiary named in any previous will
- The spouse or child of the deceased
- The parent of the deceased
- Anyone who would have been entitled to a share of the estate had the deceased 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 will-maker’s death
- An attorney acting as under an enduring power of attorney made by the deceased person
- Any other person as prescribed by the NSW succession regulations
How to Get a Copy of a Will Online
Here’s a breakdown of how to get a copy of a will online in New South Wales (NSW):
1. Check if the Will Has Been Probated
- Wills typically become public records after a grant of probate has been issued.
- Search the NSW Online Registry: . You’ll need the deceased person’s full name.
2. If the Will is Probated and Online:
- The NSW Online Registry may provide a digitized copy.
- Follow the registry’s instructions for ordering a copy (fees will apply).
3. If the Will is Not Found Online:
- Direct Contact: Contact the NSW Supreme Court Probate Registry ([invalid URL removed]) for further instructions. They may require a formal application and search fees.
- Lawyer Assistance: A solicitor specializing in wills and estates can help navigate the process, especially if the will hasn’t been probated or is difficult to locate.
Important Notes:
- Not All Wills are Online: Especially older wills might not be digitized.
- Executor/Solicitor: If you know the will’s executor or the solicitor who drafted it, contact them first, as they’re likely to have a copy.