Is there a ‘Reading Of The Will’ in Australia?
“I have this dream my daughter in-law kills me for the money. She thinks I left them in the Will.
The family gathers 'round and reads it and then someone screams out: "She's laughing up at us from hell".
Taylor Swift.
Contrary to this dramatic ‘reading of the Will’ depiction in Taylor Swift’s Anti Hero music video, most estates are administered without arranging a family gathering for a ‘reading of the Will.’
In Australia, there is technically no official reading of the Will, however, you might be entitled to see a copy of the Will.
Who is entitled to see a copy of a Will in Australia?
In Australia, whoever has possession or control of the Will must provide a copy to those considered an ‘entitled person’. The person in possession or control of the Will may include the Executor, the deceased’s next of kin, a lawyer or trustee.
An entitled person may include:
- A person referred to or named in any previous versions of the Will
- A person named in the latest Will (as a beneficiary or otherwise)
- A spouse, de facto partner or surviving children of the deceased/Will-maker
- A parent or guardian of the deceased/Will-maker
- Any person who would be entitled to part of the estate if the deceased/Will-maker died without a Will
- Any person who may have a claim against the estate
When can you see a copy of a Will?
If you’re entitled to see a copy of the Will, you can ask for a copy as soon as the Will-maker has died. The person holding the deceased’s Will must provide a copy of the Will after receiving a written request from an entitled person.
It is important to note that a Will becomes a public document after Probate is granted. However, if someone believes they should have been included in the Will but haven’t been, they should request a copy of the Will before Probate, to allow time for them to make a claim against the estate.
The Probate process can take weeks or even months.
After a court grants Probate, you can enquire with the Probate Registry to view the Will.
How can I get a copy of a Will?
If you want to obtain a copy of a Will, you can write to the Executor and request a copy.
If there is no response from the Executor, or if they refuse to show you a copy of the Will, you have the option to lodge a caveat at the Probate Registry to prevent an application for Probate being made. If you are contemplating this step, it is recommended you seek advice from a lawyer, and do it as soon as possible after the death of the Will-maker.
Written by Mark Murnane, Wills + Estates Lawyer
DISCLAIMER: This article is provided for general information purposes only. It does not constitute specific legal advice or opinion. Although our aim is to provide you with as accurate information as possible, you should not act or rely upon the information in this article without seeking the advice of an experienced lawyer who specialises in the particular area of law relevant to your inquiry. Please do not to hesitate to contact Murnane Legal to make further inquiries or to make an appointment to discuss the specifics of your situation.
