Family members of a deceased may ask the question, ‘Are beneficiaries entitled to a copy of the Will?’ Beneficiaries named in Wills are persons who receive some portion of the estate and assets of the deceased person. Naturally, they should, right?
Yes! A testator (the Will-maker) does not nominate beneficiaries in his or her Will just to to show it to them. They can also make a further provision not just for family members, but for organisations as well. Beneficiaries have entitlements to a portion of the estate in a Will. The entitled person or people can receive specific gifts and heirlooms from the deceased’s property.
So, are beneficiaries entitled to a copy of the Will? Yes. Now, let’s find out more about how beneficiaries can ask for a copy of it.
Do Beneficiaries Automatically Get a Copy of a Will?
Unfortunately, no. Yes, they are entitled to a copy of it, but they do not get one right away. First, they must wait for the executor to administer the estate following the deceased’s death. These are people whom the Will-maker appointed as their representative after their death.
Executors must have the ability to maintain neutrality during disputes. Will disputes are often emotionally taxing, and parties will need someone to be a third party to help settle disagreements.
While we can understand this as a simple explanation to the question ‘Are beneficiaries entitled to a copy of the Will?’, it is necessary for us to understand the rights of beneficiaries.
Rights of Beneficiaries Entitled to a Copy of the Will:
Let’s look at the rights of beneficiaries of a Will:
- They have the right to know whether there was a valid Will. If there is no valid Will, they can ask the Will-maker’s or executor’s solicitor.
- Beneficiaries can contact the executor of the Will if the executor still has not contacted them. Alternatively, if there are solicitors acting for the executor, they can contact the solicitors for the same.
- Are you unsure of a Will’s validity? Did you know you can contest and challenge it? Yes! However, there are time limits to consider when someone wants to file family provision claims for reasons of Will contests and challenges. Remember that there are time limits when it comes to challenging or contesting a Will.
Read more about beneficiaries’ rights: Rights Of Beneficiaries Of A Will | JB Solicitors
What if the Testator Is Still Alive?
Interestingly, a related question is ‘Are beneficiaries entitled to a copy of the Will when the testator is still alive?”. This completely depends on the testator. But no person has the entitlement to see the original Will, or the copy of one if the testator is alive. Most of the time, a testator will only show their Will to their solicitor if they need to make any necessary changes.
But for the beneficiaries? They can only wait until the testator’s passing until they can get the chance to get a copy of the Will.
In some situations, the testator may lose their decision-making capacity due to old age. What happens then? The solicitor will need to restructure the affairs of the testator. In this instance, the lawyer will definitely require a copy of the original Will.
Rights of Beneficiaries: How to Obtain a Copy of The Will?
This right, among other rights, is mentioned in the Succession Act 2006 (NSW). Given below are some of the other rights under the Succession Act 2006. These include the beneficiaries’ rights to be informed about:
- Any delays in estate administration
- Potential Will contests in the future that can affect the beneficiary’s share of the estate
- Any legal proceedings against the deceased
- The general administration of the estate
Given below are steps that a beneficiary can take if they wish to get a copy of a Will:
- As mentioned above, firstly, he/she must contact the executor or executor’s solicitor and make a request for the same.
- Secondly, if they are in NSW, they can search for the details of the deceased here.
- Lastly, they can contact the Supreme Court probate registry and request a copy from their records. They can either make an application on the probate registry website or they can call them directly. Click here to access NSW’s probate registry website.
Who Else Can Get a Copy of the Will?
In relation to the question ‘Are beneficiaries entitled to a copy of the Will?’, there are other people who can also get a copy of a Will. Apart from beneficiaries, there is a list of other eligible persons who may receive copies of the Will. The list of persons entitled to receive a copy according to Section 54 of the Succession Act 2006 (NSW) is as follows:
- Anyone named in the Will
- Person named in any earlier Will, whether as beneficiary or otherwise
- Person or guardian of a minor referred to in the document
- Spouse or child of the deceased
- Parent of the deceased
- Anyone who may have a claim against the estate of the deceased
- Attorney acting under an enduring power of attorney
- Persons who could have had entitlements from the estate had the deceased died intestate (when a person dies without leaving a valid Will behind)
- Any person who was entrusted with the management of the deceased person’s estate under the NSW Trustee and Guardian Act 2009 before the Will-maker’s death.
How Does Probate Work?
Probate is an important part of the process of validating a Will. Let’s say you have obtained a copy of a Will. Now, you want to find out if it’s valid enough so the executor can carry out their duties. Once a Will is validated, it becomes a public record or public document.
Not all estates don’t need to go through probate. This is only necessary if the deceased solely owned the assets and their value exceeds a certain amount.
How Can We Help Beneficiaries of a Will?
After reading this article about ‘Are beneficiaries entitled to a copy of the Will’, you may have realised the importance of a Will. It states who will receive the assets of the deceased and prevents further disputes. However, without a Will, arguments are bound to brew.
If you are a beneficiary or an executor of a Will, it is important to get in touch with Wills and estate planning solicitors. Were you the domestic partner of the deceased? Or did you depend on the deceased for financial needs? We can help you identify what entitlements you have and clear out any confusion.
Furthermore, we can also help draft a legally valid Will with our lawyers. Each state or territory may have a legal requirement for Wills, so let us help you what state laws apply to you. Any changes you want to make to your Will? Need to apply for probate? We can help with all of that and more!
It is important to get in touch with our lawyers at JB Solicitors, who can help you with all matters in relation to Wills and estate planning. Our experienced team of professionals have years of experience dealing with both simple and complex Wills.
