Beneficiaries of a Will may often wonder ‘how long after a death is a Will read?’. Beneficiaries are those who receive property or assets from the deceased’s entire estate. This can include the surviving children, deceased’s spouse etc.
Is there really a reading of a Will after the death of the Will-maker? In reality, there is no such requirement of a reading of a Will according to Australian law.
This is a notion that many pop culture shows and movies has popularised. But in Australia, there is no such official “reading of the Will.” So in a way, the question ‘how long after a death is a Will read?’ becomes invalid.
They may wonder about this question because the beneficiaries named in the Will wish to know what entitlements they’ve received. They may wish to make a family provision claim against the estate if they have been unfairly left behind.
However, having made a note of that, the executor of a Will does still have certain obligations towards the beneficiaries.
They must inform the beneficiaries about a couple of different things. In this article, we answer the question ‘how long after a death is a Will read’? by exploring the duties and responsibilities of an executor.
Duties of an Executor
The executor of a Will is the person responsible for administering the estate distribution after the death of the Will-maker or testator. But, most importantly, it is their duty to contact all beneficiaries and inform them about portions of the deceased estate that they are entitled to receive.
In fact, if they do not notify the beneficiary or person named in the Will, a party can hold them liable for not complying with their obligations as an executor.
But, before the executor contacts all beneficiaries to inform them, they have to find and locate the Will. After this, it is their duty to contact beneficiaries, even if they are living overseas.
They also have to pay off debts from the estate. They must also arrange the funeral according to the wishes of the deceased (as stated in their Will).
It is also their responsibility to obtain the death certificate to apply for a Grant of Probate. The Grant of Probate from the Supreme Court is extremely important. The Supreme Court Probate Registry reviews applications for grants.
This is because, firstly, it confirms that the Will is legally valid. Secondly, it allows the executor to distribute the deceased’s assets and estates to respective beneficiaries.
Rights of Beneficiaries
Beneficiaries of a Will have a number of rights. But some of the most important ones that are related to the topic ‘how long after a death is a Will read’ include:
- They have a right to be informed of the expected date they will receive their share of the estate and any delays that may occur after the deceased died.
- Executors must distribute any legacy to beneficiaries within 12 months of the deceased’s death.
- They have a right to be informed about any claims against the estate that may affect their entitlement after someone dies.
How Long After a Death Is a Will Read?
As mentioned above, there is no legal requirement in Australia for the executor or any other person to conduct a reading of the Will. However, if you are wondering whether you can obtain a copy of the Will, this may be possible.
You need to first check if you are eligible to receive a copy of the document. In NSW, the Succession Act (2006) lists out the persons who are eligible to receive a copy of the Will. Below is a list of some of the persons who can get access to a copy of the Will:
- Named in the Will – whether as a beneficiary or otherwise
- Parent or guardian of the deceased
- Named in any previous Wills or earlier Will of the testator
- Any person making a claim to the estate
- The surviving child or spouse of the deceased
- Anyone who was managing the estate before the death of the Will-maker
- A person who would have received some portion of the estate had the testator died without a Will in place i.e. died intestate
If you wish to get a copy, you have to prove that you are eligible to receive it under the Succession Act. Therefore, if you are wondering ‘how long after a death is a Will read?’ because you wish to know about the contents of a Will, you should check if you are eligible to receive a copy, as there is no such “reading.”
When Can You See the Copy of the Will?
Generally, a party who wants to see the Will has to wait for probate. Many factors can influence the amount of time it takes to get probate. Importantly, executors don’t have to fulfil their duty of informing the beneficiaries before they have received a Grant of Probate.
Seeking Legal Advice from Our Law Firm and Solicitor
If you are an executor or beneficiary, it is important for you to understand your rights and duties. At JB Solicitors, our Wills and Estate Planning team of solicitors are here to provide you with legal advice for all matters.
There are different laws applicable in different states. You should be aware of the regulations in your relevant state.
If you have questions similar to ‘how long after a death is a Will read’, you can check out our blog page for more information. Moreover, if you wish to make a Will, our team of experts can help you with gathering all necessary information and documents to prepare a legally binding Will.
You can also apply for a family provision claim against the estate if you think you should get more entitlements. For more information, contact our team of solicitors today.
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