Losing a loved one is a difficult time. The legal complexities of estate administration often add unnecessary stress. At Geldard Sherrington Lawyers on the Sunshine Coast, we frequently assist families navigating the probate process. One of the most common questions we encounter is: “Am I entitled to see the Will?”
In Queensland, the Succession Act 1981 governs the rules regarding who can inspect or obtain a copy of a Will. It isn’t a free-for-all. Specific privacy protections exist alongside clear rights for those with a legitimate interest in the estate.
Who is Entitled to a Copy?
Under Section 33Z of the Act, the person possessing the Will (usually the executor or the law firm that prepared it) must allow certain “entitled persons” to inspect or receive a certified copy. These individuals include:
- Beneficiaries: Anyone named in the current Will (whether receiving a specific gift or a share of the residue).
- Beneficiaries of Prior Wills: Anyone named in an earlier, superseded version of the Will.
- Family Members: This includes the deceased’s spouse, de facto partner, children, or parent.
- Heirs under Intestacy: Any person who would inherit if the deceased died without a Will.
- Creditors: Anyone holding a maintainable claim against the estate.
Can I Get the Full Will?
Yes. If you fall into one of the categories above, you are entitled to see the entire document. The executor cannot simply “summarise” the parts they think are relevant to you. They also cannot redact sections they find private.
Transparency is a strict legal requirement. It ensures the executor manages the estate correctly. It also allows parties to seek independent legal advice if they believe the Will is invalid or unfair.
The Role of the Executor
The executor holds the original document and owes a fiduciary duty to manage the estate properly. While they must provide copies to entitled persons, they can legally charge a reasonable fee to cover the cost of photocopying or delivering the document.
Frequently Asked Questions About Will Disclosures
What happens if the executor refuses to show me the Will?
If an executor unlawfully denies an entitled person access to the Will, you can take legal action. A solicitor can issue a formal letter demanding the document under the Succession Act.
Can I see a family member’s Will before they pass away?
No. A Will remains a completely private and confidential document while the testator (the person who wrote it) is still alive. The legal disclosure rules only apply after they have passed away.
How long does it take to get a copy of the Will?
The law requires the executor or law firm to provide a copy promptly after an entitled person requests it. If they delay the process unreasonably, you should seek immediate legal advice.
Why Legal Guidance Matters
Are you an executor unsure of your disclosure obligations? Are you a family member being denied access to a Will? Professional intervention is often necessary to prevent disputes from escalating.
At Geldard Sherrington Lawyers, we provide clear, empathetic advice tailored to the local Sunshine Coast community. We ensure the law protects your rights and handles the transition of assets with the dignity it deserves.
Want to know more? Email or call us on 07 4194 5422 to book a consultation. You can also visit our office located at 43 Hunter St, Pialba, QLD 4655, Australia. View our services online today.
