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HomeLegal InsightWho is Entitled to see the Will of someone who has died?
13 July 2016

Who is Entitled to see the Will of someone who has died?

HomeLegal InsightWho is Entitled to see the Will of someone who has died?
13 July 2016

We sometimes get asked, “Am I able to see the Will?” after a family member or friend has died. The Succession Act 2006 (NSW) provides the details of persons who are entitled to inspect a Will of a deceased person.  Section 54 provides that a person who has possession or control of a Will of a deceased person must allow the following to inspect or receive a copy of the will:

  • Any person referred to or named in the will (whether as a beneficiary or not);
  • Any person named or referred to in an earlier will as a beneficiary of the deceased person;
  • The surviving spouse, de facto partner or children of the person who has died;
  • A parent or guardian of the deceased person;
  • Any person who would be entitled to a share of the estate had the deceased person died without a will;
  • Any parent or guardian of a child referred to in the will or who would be entitled to a share of the estate had the deceased person died without a will;
  • Any person(including a creditor) who has or may have a claim against the estate;
  • Any person who has been appointed by the NSW Trustee and Guardian as financial manager of the deceased person immediately before their death;
  • Any attorney under an enduring power of attorney of the deceased person.

 

Tonkin Drysdale Partners
Central Coast Lawyers for Over 60 Years
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