Death is a sad and emotional period in the lives of a person and their family and friends. However, it’s not just tears and grief that such people experience. Maybe family members of the deceased will want to know how to find a Will of a deceased person in Australia. Why?
Despite the terrible time, the deceased’s loved ones may naturally wonder if they have been left anything. One may also be unsure if they remember the deceased talking about their estate or whether they had a Will in the first place. Fortunately, there are multiple ways to find the Will of a deceased person in Australia.
Let’s find out how in this article.
Who Can Access a Will Of a Deceased Person In Australia?
Before we consider how to find a Will of a deceased person in Australia, it is vital to know who is legally allowed to obtain a copy of that Will. Yes, not everyone can just search the Will of a deceased person. Unfortunately, there’s no central Wills Register in Australia., but each Australian state offers a registry service where Will-makers can lodge their Wills.
The Succession Act NSW 2006 can answer this. This is an important formula that dictates how to distribute assets without a Will. Section 54 of the Act provides that any person who has a Will that relates to an estate in NSW has to arrange a copy of that Will for any person named below:
- Any party who may have a claim against the estate;
- A parent or guardian of the deceased;
- A party who is named in the current Will, either as a beneficiary or otherwise;
- A person who is named or referred to in any previous Wills of the deceased;
- Any surviving children of the deceased;
- The spouse of the deceased;
- A parent or guardian of the deceased; and
- Anyone who was responsible for managing the deceased’s estate before they passed away
So, are you eligible to look for a missing Will? Then let’s proceed to the next step.
How To Find a Will Of a Deceased Person In Australia?
You just discovered that you are a beneficiary or potential beneficiary of a Will! We are a few steps closer to find the Will you’re looking for. If you are a beneficiary of a Will in NSW, there are several ways in which you can obtain and find a Will of a deceased person in Australia.
Here are some of the easiest and most common ways how to find a Will of a deceased person in Australia:
1. Perform an online search on the NSW Supreme Court Online Registry website for the details of the deceased and their Will. Make sure to search the deceased’s full name, address and date of death.
2. Contact the Supreme Court Probate Registry via telephone and request a copy of the Will from their records. They can be contacted on 1300 679 272.
3. Contact the executor of the estate and request a copy of it. As a beneficiary, you are well within your rights to have access to a copy, and they are required to provide a copy of the Will for you.
If you are unsure who the estate’s executor or personal representative is, you should try to reach out to someone you believe may have a copy of the Will instead.
4. Contact the deceased’s solicitor or the executor and request a copy of the Will. If this still doesn’t work, you can contact local solicitors in your area if they have the original Will.
Wait, There’s No Will After All?
On other instances, some people may stop wanting to know how to find a Will of a deceased person in Australia because of a non-existent Will. A bummer, right? True as it can be, non-existent Wills are true because sometimes people die without writing a Will. This means that the deceased died intestate.
This might seem like a dead end. Can authorised parties access the deceased’s estate if this is the case? Yes! According to intestacy laws, certain authorised parties, such as the following, can receive a deceased’s estate if there is no Will:
- Surviving spouse or spouse(s) and child from the relationship or a previous relationship
- Children only
- Parents of the deceased
- Half blood siblings
- If half blood siblings are dead, the deceased’s nieces and nephews will receive the deceased’s estate
- Grandparents
- Full and half blood uncles and aunts
- First cousins
- De facto partner
If no one above is eligible to receive the deceased’s estate, the State government will claim the deceased’s estate.
Read: Intestacy and Letters of Administration NSW | JB Solicitors
Can I View The Will Before a Grant Of Probate Has Been Issued?
The probate process can take weeks or even months.
As such, anyone who wants to know how to find a Will in Australia must wait during this process. Meanwhile, the executor of the estate does not have to provide any beneficiary with any information about the Will’s contents before the probate has been issued.
Once the Court has issued a grant of probate, the Will of the deceased will be attached to it, and the documents will be made public. From here, you may enquire with the Probate Registry to view the Will.
Depending on the circumstances, it may be possible to directly apply to the Supreme Court for a sealed or certified copy of the grant of probate in NSW. This is known as an application for an exemption. To determine whether you meet the criteria for a successful application, you should consider discussing the matter with an experienced Wills and Estates attorney.
How To Find a Will of a Deceased Person in Australia: FAQs
| Q: The deceased didn’t leave a legal Will, but there’s an existing informal Will. What can happen then? A: The Supreme Court will handle this. Yes, there are legal requirements for a Will and it must be properly executed. However, if the Will reflects the deceased’s genuine testamentary intention, they can be validated. |
| Q: Where else can I look for a missing Will? A: You may have heard of the question “If I were the deceased, where would I keep a Will?”. Yes, a family member may have a vague memory that the deceased had a Will, however, that is not enough proof. What about its whereabouts? The deceased may have kept it in a locked filing cabinet with all the deceased’s paperwork, or also a private home office. If you still can’t find the will, you should investigate whether the deceased had a safe deposit box. |
| Q: The solicitor lost the original Will. What can we do? A: The solicitor who lost the Will is responsible for this. They must explain to the court how they lost the Will. The Supreme Court will examine the circumstances surrounding the disappearance of the will. |
Let’s Locate the Will You Are Looking For
We now hope that you know how to find a Will of a deceased person in Australia. However, legal matters may arise during your search. If you are still unsure about the best course of action to take, please feel free to contact our team of friendly and experienced Wills & Estates solicitors today.
Not only do we have the legal knowledge about Wills and Estate planning, but also the will to help you with your legal matters.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way.
With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
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