The Reading of a Will in Australia

Who Can Obtain a Copy of the 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.

How to Obtain a Copy of the Will?

If you believe you are someone who is entitled, you can take the following steps to obtain a copy of the will:

• Firstly, contact the executor/s and request a copy of the will
• If you find, for whatever reason, that the executor won’t provide you with a copy of the will you can make contact with their solicitor to request a copy
• If the above two steps fail, you should contact the NSW Supreme Court probate registry as they may have a copy of the will in their records

To receive a copy of the will, you may need to prove you are eligible under the Succession Act.

If you are finding it challenging to obtain a copy of the document, now may be an excellent time to engage the services of a lawyer for guidance and advice.