Article by Charlotte Black – Associate
The death of a loved family member or friend can cause a great deal of stress. There are numerous matters that need to be attended to.
It can however cause greater stress when your request for a copy of the deceased’s Will is denied.
Clients often contact us to seek advice as to what circumstances they are entitled to receive a copy of a deceased’s Will.
Who is entitled to a copy of a deceased Will:
Section 50 of the Wills Act 1997 provides who is entitled to receive a copy of a deceased’s Will.
Examples of who is entitled include:
- Any person named in the Will;
- Any person named in an earlier Will;
- A spouse of the deceased;
- A domestic partner of the deceased; and
- A parent, guardian or child of the deceased.
There are further other categories in which you may be entitled to a copy of the deceased’s Will.
Importantly, you may also be entitled to receive a copy of any previous Will of the deceased along with the deceased’s current Will. This can be important as it may assist with determining whether you should challenge an estate in circumstances where you feel you have been inadequately provided for in the deceased’s Will.
What if I am eligible but the Will is still not provided:
If you believe you are eligible to receive a copy of the Will but an executor, family member or other person of the deceased refuses to provide the Will, you should seek legal advice.
Dealing with these requests can be complex and at times, a solicitor’s intervention may be the only solution to convincing the party to hand over the Will.
What should I do next?
If you believe you are entitled to a copy of a Will but do not know what to do next or if your requests are going unanswered, you should seek immediate legal advice. There are time limits in which to bring challenges to estates and delays can be disastrous and result in your loss of rights.
If you have questions as to your right to receive a copy of a deceased’s Will, please contact Ms Charlotte Black or Mr Richard Mackenzie on (03) 8621 1000 for our Melbourne office, (03) 9331 1144 for our Essendon office or via email at charlotte@emlawyers.com.au or dick@emlawyers.com.au.
