Do you think you might be a beneficiary of a deceased person’s Will, but the person holding the Will won’t give you a copy?
We see this most often with Executors who are also family members: siblings , step-parents or new spouses (married or de facto). Naturally, someone refusing to hand over a copy of the Will creates suspicions.
Fortunately, Queensland law entitles specific people with an interest in the Will to inspect and receive a certified copy of it.
To get a copy of a Will in Qld you should send a letter or email requesting it from the person holding the Will and also inform them:-
- you are a person who is entitled to inspect the Will; and
- you will pay their reasonable expenses to provide a certified copy.
Who is Entitled to a copy of the Will?
In Queensland, you are entitled to receive a certified copy of the Will if you are:
- named in the will (e.g. as beneficiary, executor, trustee or in any other way);
- named in any earlier Will made by the deceased;
- a spouse, parent or child;
- would be entitled to a share of the estate if the deceased had died without a Will (for eligibility contact us or read our guide below about Letters of Administration QLD);
- the parent of a child under 18 mentioned in the Will or would be entitled to a share if the deceased had died intestate;
- a creditor or someone who has a claim against the estate (i.e. you were owed money by the deceased);
- you have standing to make a Family Provision Claim.
Keep in mind most Executors are not solicitors and they may understandably be reluctant to take steps before they have retained a lawyer. If you are already in communication with the Executor, before making a request in writing you could forward this page to them via email with your request.
Having Will specialist solicitors acting for you can help smooth the probate process and reduce anxiety caused by not knowing where you stand. Contact us today for a free consultation on 07 3073 2405.
The Law about who can obtain a copy of the Will in QLD
The source of most legal rights regarding estate law in this State can be found in the Succession Act.
Section 33Z of the Succession Act 1981 (Qld) defines who is entitled to get a copy of the Will:
33Z Persons entitled to inspect a will or to obtain a copy of a will
(1) A person who has possession or control of a will of a deceased testator must, if asked, do either or both of the following—
(a) allow an entitled person to inspect the will;
(b) give an entitled person a certified copy of the will on payment of the person’s reasonable expenses of giving the certified copy.
(2)If a will of a deceased testator has been lost, stolen or destroyed, a person who has possession or control of a copy of the will must, if asked, do either or both of the following—
(a) allow an entitled person to inspect the copy;
(b) give an entitled person a certified copy of the copy on payment of the person’s reasonable expenses of giving the certified copy.
(3) A person who has possession or control of a will, or a copy of a will, of a deceased person must produce it in court if the court requires it.
(4) In this section—
certified copy—
(a)of a will—means a copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of the will; or
(b)of a copy of a will—means a copy of the copy of the will that has a statement on it, signed by the person giving the copy, that the copy is a true copy of what it purports to be.
entitled person, in relation to a will, means—
(a)a person mentioned in the will, whether as beneficiary or not and whether named or not; or
(b)a person mentioned in any earlier will of the testator as a beneficiary and whether named or not; or
(c)a spouse, parent or issue of the testator; or
(d)a person who would be entitled to a share of the estate of the testator 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 an order under section 41.
parent see section 61A.
will includes—
(a)a purported will or revoked will; and
(b)a part of a will, purported will or revoked will.
If you are eligible to get a copy of a will and the executor isn’t giving it to you, contact our Contested Wills and Probate Lawyers to discuss how we can help you, or leave your details in the form below.
