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ARTICLE · 28 SEPTEMBER 2020

Accessing a copy of a will and probate documents in NSW

If for some reason a beneficiary would like to see the will, he or she can apply to view the will or receive a copy.

AustraliaFamily and Matrimonial

It is often the case that beneficiaries and other interested persons wish to see the will of a deceased person after becoming aware of their death and prior to a grant of probate having been obtained.

A beneficiary named in a will does not automatically get a copy of the will of a deceased person and there is no obligation on the executor to hold a “reading of the will” following the death of the deceased person.

If for some reason however a beneficiary would like to see the will itself, he or she can apply to view the will or receive a copy.

Under Section 54 of the Succession Act (NSW) 2006, a person who has possession or control of the will of a deceased person whose estate is to be administered in New South Wales must allow a person to inspect or have a copy of the will (at that persons expense) if they are:

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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