If you are dealing with the topic of how to find a Will, it is likely that someone you know has recently passed away. This is a stressful time for you and your loved ones, and we don’t want the legal procedures around this to add to your mental stress.
The aim of this article is to provide a brief guide on how to find a Will. Before we come to the topic of ‘Find a Will’, let’s understand certain important terms that will come up when discussing this.
Glossary of terms associated with topic of find a Will: –
- Wills. A Will is a legal document which states how a deceased person’s assets and property is to be distributed following their death.
- Testator. The person writing the Will is known as the testator.
- Beneficiary. Those who are entitled to receive certain assets, or portion of estate after the death of the Will-maker, or testator.
- Executor. The person who is appointed by the probate court to manage the estate of the Will. They are also sometimes referred to as “personal representatives.” An executor is named as such in the Will.
Finding a Will is important as otherwise this can lead to future confusions and disputes between executors and beneficiaries.
Basic Steps To Find A Will
In cases where your loved ones had a Will in place, there are certain steps you can take to find a Will. Before jumping to conclusions and feeling panicked, please go through this list:
- Thoroughly search through the personal possession of the deceased and go over all paperwork that is at the deceased’s house.
- Searching the last known residence of the deceased, and/or any other residential place that the deceased was known to frequent.
- It is a good idea to first speak with all friends and family of the deceased, and any other close associates of the deceased to gauge if they have any information regarding the same.
If this does not work, and you are sure that there was a valid Will left in place, there are other steps you can take.
Before we explore these steps, it is essential that we go over the eligibility requirement on who can access the Will, and who actually has the legal right to find the Will.
Who Can Try To Find A Will?
In NSW, Section 54 of the Succession Act 2006 states that: “any person who has possession and control of a Will of a deceased person must allow any one or more of the following persons to inspect or be given copies of the Will – at their own expense.“
These include: –
- any person named or referred to in the Will, whether as a beneficiary or not;
- any person named or referred to in the Will as a beneficiary of the deceased person;
- the surviving spouse, de facto person, or issue of the deceased person;
- the parent of the deceased person, or the guardian of the deceased person;
- any other person who would have been entitled to a share of the estate if the person in question had died intestate (where intestate refers to dying without having a valid Will in place);
- 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 person who has a claim, or may have a claim at law or in equity against the estate of the deceased person;
- any person committed with the management of the deceased person’s estate under the NSW Trustee and Guardian Act 2009 immediately before the death of the deceased person;
- any attorney under an enduring power of attorney made by the deceased person;
- any person belonging to a class of persons prescribed by the regulations.
Other Steps To Take
If you are not able to locate a Will, below is a list of certain things you can consider doing.
Often, these details can be found online on the NSW Supreme Court Online Registry website. You can search for the details of the deceased, and also details of the Will. If this option is not convenient, the NSW Supreme Court Probate Registry can be contacted on 1300 679 272
Apart from this, there are other people who can be contacted who may be able to assist you.
- Contact the testator’s bank to see if they had a safe deposit box, or any safe custody or securities where personal documents were stored;
- Contact the financial advisor of the testator;
- Contact the deceased person’s lawyer or solicitor where you have access to their contact information. Alternatively, you can contact local solicitors to check if they hold a copy of the Will. In order to do so, search for correspondence from solicitors, or other forms of paperwork;
- Contact the Supreme Court of NSW (they have a Will registry) and submit a request to search Probate Office;
- Contact NSW Trustee and Guardian andmake an enquiry on their online portal – named Deceased Wills Enquiry – that allows you to search for any Wills that were in their custody;
- Ask your family lawyer, or solicitor to post an ad on the lost Wills section of the Law Society of NSW Journal. By doing so, other solicitors are notified of the same and they can help you assist if possible.
How Can JB Solicitors Help You Find A Will?
Dealing with lost Wills can be very stressful. It is advisable to have an expert family lawyer who can help you with all the above mentioned steps, and provide efficient guidance.
At JB Solicitors, our experienced family lawyers, and Wills and estate planning lawyers have the legal prowess to deal with all such complexities.
We have fixed-fee pricing for our family law and Wills and estate planning services that give you a clear sense of the costs. We value transparency and want our clients to rest assured that their matter is being dealt with by trustworthy lawyers.
Contact us for more information on how to find a Will, or on any other matter regarding the same.