The reading of a Will commonly happens in movies or series. We may have seen a character who dies and leaves a Will for their family members. Accompanied by sombre or melancholic music, one of the eldest relatives will usually read the deceased’s Will for the beneficiaries. But does this apply to real-life events? How long after a death is a Will read under Australian law?
Technically, the reading of a Will does not happen in Australia like in movies. Pop culture has once again tricked us into thinking this is a normal thing that happens after someone dies. 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.
However, beneficiaries are entitled to a copy of a Will. That’s the closest thing a beneficiary can get to a “reading of a Will”. If they discover that they have been unfairly provided for from the deceased’s assets, they may wish to make a claim against the estate and the appointed executor.
How Long After a Death Is a Will Read: Who Is the Executor?
The executor of a Will administers 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’s estate that they are entitled to receive.
In fact, if they do not notify the beneficiary or the person named in the Will, a party can hold them liable for not complying with their obligations as an executor. They also have to pay off debts from the estate and arrange the funeral according to the wishes of the deceased person (as stated in their Will).
Another responsibility that they have is to obtain the death certificate to apply for a Grant of Probate. The Grant of Probate from the Supreme Court is critical since this validates the Will. The Supreme Court Probate Registry reviews applications for the probate process.
What Are My Rights as a Beneficiary?
Now that we know the answer to the question “How long after a death is a Will read?”, you may now wonder what your rights are as a beneficiary. Beneficiaries of a Will have several rights, and some of the most important ones include the following:
- 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 dies.
- Receive the deceased’s legacy 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: Your Real Option
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, you may now wonder how you can obtain a copy of the Will.
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 deceased’s spouse or surviving child
- 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.
When Can You See the Copy of the Will?
Generally, a party who wants to see the Will has to wait for probate. You need to know about this legal process during Will and estate matters since this validates a Will. Many factors can influence the amount of time it takes to get probate. Generally, executors should notify beneficiaries within three months of the date that the Will is filed with the probate court.
Executors must keep beneficiaries informed throughout the estate administration, not just after receiving a Grant of Probate. This includes transparent communication about the will, entitlements, and progress of estate administration.
Once the finishes probate, it becomes a public record where interested parties can also access it. Such individuals who can legally access the Will include beneficiaries, heirs, and creditors of the deceased.
The procedures to apply for probate and obtain a grant are complex. So, we recommend not doing this alone.
How Can Our Estate Planning Lawyers Help?
Whether you are an executor or beneficiary, it is important for you to understand your rights and duties. Handling a Will is not an easy task, and being a beneficiary means you are a rightful heir of your loved one’s estate. And being either one may land you in certain legal matters.
At our law firm, JB Solicitors, our Wills and Estate Planning team of solicitors are here to provide you with legal advice for such matters.
Other than the question “How long after a death is a Will read?”, we can debunk other common misconceptions in the legal world. 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 the necessary information and documents to prepare a legally binding Will. Once you make a Will with us, we can ensure that your Will stays legal and prevent disputes among beneficiaries and family members upon its execution.
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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