No one is entitled to see a copy of a person’s Will before they die.
For example, a child is not entitled to see a copy of their parents will before they die.
In Queensland, Division 7 of the Succession Act 1981 sets out who is entitled to see a copy of the Will.
It is the person who has possession or control of a Will (i.e. if a law firm holds the Will or a family member holds the Will), who must allow the entitled person to inspect the Will or give the “entitled person” a certified copy of the Will, on payment of the person’s reasonable expenses.
An “entitled person”, in accordance with the Act, who is entitled to see a copy of the will includes:
(a) a person mentioned in the will; or
(b) a person mentioned in any earlier will of the testator (i.e. the Will maker) as a beneficiary and whether named or not; or
(c) a spouse, parent or issue of the testator (i.e. the Will maker); or
(d) a person who would be entitled to a share of the estate of the testator (i.e. the Will maker) if the testator had died intestate; or
(e) a parent or guardian of a minor mentioned in the will or who would be entitled to a share of the estate if the testator had died intestate; or
(f) a creditor or other person who has a claim at law or in equity against the estate; or
(g) a person who may apply for a family provision application.
If you are unsure whether you are entitled to see a copy of a deceased person’s Will, contact us to find the answers.
The above is general in nature and does not constitute legal advice.
