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.
