Are you wondering how to get a copy of a Will in NSW?
It’s a stressful and emotional period in your life. A loved one of yours has just passed away. As such, the stress of trying to understand whether they had a Will in place and how to get a copy of a Will is adding to that pressure you are feeling.
If you are unsure whether your loved one had a Will in place or just want to know how to get a copy of a Will in NSW, you have come to the right place. This article will discuss everything you need to know about these questions and other things you need to know regarding your entitlements as a beneficiary of a Will.
Who Can Get a Copy Of a Will In Australia?
Before discussing how to get a copy of a Will, it is essential to know whether you are someone who falls under the category of a person who is legally eligible to get a copy of a Will.
According to Section 54 of Succession Act NSW (2006), any person who is in possession of a Will that relates to an estate in NSW (typically the executor of the state) must arrange for a copy of the Will for anyone named below:
- Any party who may have a claim against the estate;
- A person who is named or referred to in any previous Wills of the deceased;
- A parent or guardian of the deceased;
- A party who is named in the current Will, either as a beneficiary or otherwise;
- Anyone who was responsible for managing the deceased’s estate before they passed away;
- Any surviving children of the deceased;
- The spouse of the deceased; and
- A parent or guardian of the deceased.
The costs involved in obtaining a copy of the Will (if any) will need to be covered by the person who is requesting the copy.
How To Get a Copy Of a Will In Australia?
If you are wondering how to get a copy of a Will and you are a beneficiary, you are in luck. Assuming you are a beneficiary of a Will in NSW, there are multiple ways to get a copy of a Will in NSW.
Here are the most common ways below:
1. The easiest way is to go on the NSW Supreme Court Online Registry website and perform a search for the details of the deceased and their Will.
Alternatively, if you prefer not to do this online, you can directly contact the NSW Supreme Court Probate Registry via telephone on 1300 679 272 and request a copy of the Will from their records be sent to you.
2. You may contact the executor and request a copy of the Will from them. If you are a beneficiary of the estate, you can request a copy, and they must provide it to you.
If you do not know who the estate’s executor is, you should contact someone else you believe may know who the executor is or who has a copy of the Will themselves to provide you.
3. You may contact the lawyers of the creator of the Will and request a copy directly from them.
What Happens When You Can’t Find The Executor Of The Estate?
Even though it is not a common occurrence, sometimes you may not know who the estate’s executor is, or you are unable to locate them.
In such a situation, the best action to undertake would be to track the newspapers in the location of where the deceased resided before their passing. This will allow you to see if there is any mention of any information that can assist. The typical situation is that a death notice or legal notice is often put in the newspaper, stating the solicitor’s or executor’s contact information.
Suppose you are unable to locate the executor of the estate or are still unsure about who it is. In that case, you should consider contacting the deceased’s lawyer to see what information they can provide you.
Importance of Seeking Legal Advice
When discussing matters such as how to get a copy of a Will, it is important to remember that you are entitled to a copy of a Will as a beneficiary of a Will in Australia. Accordingly, a copy should be provided to you if you request it to be at your own expense.
If you have any further questions about Wills in Australia, please do not hesitate to contact our team of friendly and experienced Wills & Estates solicitors today. We are happy to help you with any questions you may have.
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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