Finding a Will in NSW may involve a lot of procedures and a lot of time. Generally, a Will is a legal document that sets out asset distribution for a deceased person. Beneficiaries are the people who receive these assets. Will-makers can also appoint guardians for their children. In conclusion, a Will allows the deceased to convey their wishes clearly and accurately.
Now, what if the deceased’s beneficiaries or family members want to know the asset distribution? These people may think that finding a Will in NSW is difficult. While this is true, finding a Will in NSW with a solicitor can ease the process. This article will aid people in finding a Will in NSW.
The Executor
To start the procedure of finding a Will in NSW, it’s important to locate the executor of a Will. The executor of a Will represents the deceased, and they carry out the wishes of the deceased as stated in the Will. The deceased can appoint anyone as their executor as long as they can properly carry out the duty. Additionally, the deceased can also appoint a solicitor to act as an executor. Their duties include:
- Safeguarding property;
- Creating an inventory;
- Determining asset valuations;
- Obtaining insurance to protect the asset through probate; and
- Arranging for a property sale.
People finding a Will in NSW may discover that they are unaware of who the executor is. Moreover, people may feel stuck when this happens. People finding a Will in NSW should keep an eye on the newspapers in the state where the deceased resided. A newspaper may frequently publish legal or death notices, along with the executor’s and/or solicitor’s contact information.
Finding A Will in NSW: Who Is Eligible?
Beneficiaries or executors are not allowed to see a copy of a Will unless a Will-maker has passed away. Once the Will-maker has died, then beneficiaries and executors can access a Will. It’s possible to have access to a Will if they are:
- Named or referred in the Will whether as a beneficiary or not
- Named or referred to in an earlier Will as a beneficiary of the deceased
- The surviving spouse, de-facto spouse, or child of the deceased
- A parent or guardian of the deceased
- Entitled to a share of the deceased’s estate if the deceased died intestate. (Dying intestate means dying without a Will)
- Any other person who is entitled to inspect the deceased’s Will under section 54 of the Succession Act 2006.
Finding A Will NSW: Is The Will Available Online?
The NSW Online Registry contains Wills that went through probate. Probate is a critical step in validating a Will before an executor can start with estate administration and distribution. A grant of representation essentially authorises an executor or administrator to handle assets such as:
- Bank accounts
- Shares
- Property
Without this grant, the executor or administrator cannot distribute assets to intended beneficiaries. There are two types of grants of representation. Firstly, executors can use probate if there is a Will. Secondly, executors can use letters of administration if there is no Will. It is true that executors can apply for probate with a solicitor or a trustee.
Hence, these people can help people who are finding a Will in NSW. A grant of probate typically turns a Will into a public record. An invalid Will may not make it into the registries. People usually secure a copy of their Will in their homes, banks, or with their solicitors, financial advisors, or trustees.
If a person is successful in locating a Will in NSW, they should provide the deceased’s full name, address, and date of death. More importantly, people who want a copy of the Will should provide their relationship with the deceased.
What If There Is No Will?
However, if there is no Will available online, the entitlement of people to an estate is as follows:
| Person | Entitlement |
| Spouse | Whole Estate |
| Spouse and children of the spouse | The spouse receives inherits the whole estate |
| Spouse and children of different spouse | The spouse receives a statutory legacy half of the estate. Children of the former relationship receive the remaining half of the estate |
| Children and no spouse | Children receive equal shares |
| No: Spouse and children | Parents receive equal shares |
| No: Spouse, children, and parents | Siblings receive equal shares and the sibling’s children |
| No: Spouse, children, parents, and siblings | Grandparents receive equal shares |
| No: Spouse, children, parents, siblings, and grandparents | Aunts, uncles and their children receive equal shares |
| No: Spouse, children, parents, siblings, grandparents, aunts, uncles, and cousins | Bona Vacantia. This means that the property doesn’t have a clear owner. |
Contesting and Challenging A Will
For instance, a person has succeeded in finding a Will in NSW and was disappointed with what they saw. The Will may not seem valid to them, and they find loopholes in the Will. Moreover, it may also appear that they weren’t included as a beneficiary.
These people have the option of either contesting or challenging a Will. A person may contest a Will if they believe that they weren’t included in a Will as a beneficiary. On the other hand, challenging a Will means a person is questioning a Will’s validity.
Finding A Will in NSW With JB Solicitors
Indeed, finding a Will in NSW is a difficult task to handle alone. There may be a lot of legal constraints when people try to find a Will of a deceased. Moreover, people may find out that the Will is invalid or that they’ve been left out of a Will. This may require the help of JB Solicitors’ lawyers.
We have experienced lawyers who can assist in finding a Will in NSW if legal matters arise. Need help in validating a Will? What about fighting for your right to be an intended beneficiary in a Will? Our Wills and estate lawyers can answer all these questions. With proper legal counsel, finding, contesting, or challenging a Will can be accomplished with ease.
Contact our Wills and estate lawyers today.
