Who can obtain a copy of my Will after I die?
People making a Will sometimes ask me: Who can view their Will after they die?
After the death of the Will maker and prior to the granting of Probate, there is a limited class of people who can obtain a copy of the Will.
In Victoria, the following people are entitled to inspect (or be given a copy of) the deceased’s Will under Section 50 of the Wills Act:1997:
Any person named or referred to in the will, whether as a beneficiary or not
Any person named or referred to in any earlier will as a beneficiary
Any spouse of the testator at the date of the testator’s death
Any domestic partner of the testator
Any parent, guardian or children of the deceased person
Any person who would be entitled to a share of the estate if the deceased person had died intestate (meaning the deceased person died without leaving a will)
Any parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the testator if the testator had died intestate
Any creditor or other person who has a claim at law or in equity against the estate of the deceased person and who produces evidence of that claim.
These people may acquire a copy of the Will from the Estate’s Executors or from the law firm that has possession of the original Will.
While you are alive, your Will is a private document.
You do not have to show your Will to anyone. No one has the right to demand to know the contents of your Will. A law firm that holds your Will in safe custody cannot show your Will to anyone unless instructed by the Will maker to do so.
Wills can be changed or updated at any time during your life, as long as you have capacity to do so.
After Probate has been granted, the Will becomes a public document.
The general public can view the documents for a fee at either the Supreme Court of Victoria or the Public Record Office Victoria, depending on when the Probate application was filed.
AUTHOR: Mark Murnane, Wills and 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.
