The death of a family member is distressing. Dealing with a challenge to a Will, family contesting to a Will, or uncertainty about what the Will means can compound that grief.
Our clients will often come in to see us not knowing what the Will says or what the previous Will says. I will invariably ask for a copy of the Will and the previous Will if we have questions about the validity the last Will. Our clients will often say they do not have a copy and wonder aloud if they can ask for a copy.
Fortunately for our clients, every State and Territory in Australia, with the possible exception of Western Australia, permits (with some variation) anyone named in a Will or a previous Will and certain family members to request a copy of a Will of a deceased person.
This allows clients to establish an interest in the deceased person’s estate or may give them a reason to challenge the deceased’s last Will on the basis that the previous Will or intestacy is more favourable.
The request for a copy of a Will is made to the person who holds the document. That person is obliged to provide access or give copies to the person making the request, though they may need to pay for it.
Finally, the term ‘Will’ in this context is quite broad. It includes an original Will, a copy of a Will, previous Wills, and documents that may not be formally executed but may have effect as a Will.
This means that we can request copies of a current Will and all previous Wills so that we can give our clients comprehensive and clear advice about their entitlements, rights and their legal options.
If you are unsure whether you are eligible to request a copy of a Will or you would like more information on your right to challenge a Will, contact our specialist estates team.
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Article By: Anastasios Nicolaidis
Will Dispute Lawyer
Taso has been taking care of the legal needs of individuals for over a decade. His experience includes drafting wills, handling deceased estates, navigating commercial disputes, assisting with property transactions, and civil litigation (estate and general). When it comes to disputes, he strives to deliver. He delivers advice in a way that ensures clients appreciate the benefits and risks. His calm and thorough approach to litigation makes him a formidable and respected opponent.