The question of ‘When is a will read in Australia?’ is common after the passing of a loved one. Contrary to popular belief, reading a Will does not happen in the traditional dramatised sense many people have become accustomed to due to the influence of American television. There is no such requirement in Australian law to read the Will out in Australia in such a fashion.
Who Can Access a Copy Of The Will?
Before considering when a Will is read in Australia, it is essential to note the following:
In line with Section 54 of Succession Act NSW (2006), any person who is in possession of a Will that relates to an estate in NSW must arrange for a copy of the Will for anyone named below:
- A party who is referred to or named in any previous Wills of the deceased
- A party who is named in a Will, as a beneficiary or otherwise
- The spouse or any surviving children of the deceased
- A parent or guardian of the deceased
- Any party who was responsible for managing the estate before the deceased passed away
- Any persons who would be entitled to part of the estate in the event the deceased died without a Will in place
- Any party who may have a claim against the estate
If there are any costs involved to obtain a copy of the Will, these costs will need to be paid for by the person making the copy request.
How To Obtain a Copy of A Will?
Assuming you are a beneficiary in NSW, these are multiple methods that can be utilised to obtain a copy of a Will:
1. Get in touch with the executor of the estate and request a copy of it. If you are unsure who this may be, get in contact with someone who you believe may have possession of the Will
2. Search for the details of the deceased on the NSW Supreme Court online registry website.
3. Get in touch with the lawyers of the executor to ask for a copy of the Will
4. Contact the Supreme Court probate registry and ask for a copy of the Will from their records. The registry can either be contacted through their website or via telephone at 1300 679 272.
Seeing a Will Before a Grant Of Probate Has Been Issued
The process for probate can take anywhere from weeks to even months. Accordingly, any party who wishes to view the Will of a deceased person must wait. In the interim, executors are not required to provide beneficiaries with information regarding the contents of a Will before the issue of probate.
Seeing a Will After The Court has proved it And a Grant Of Probate Has Been Issued
The executor of a Will must apply for a grant of probate with the Probate Division or Registry of the Supreme Court. An online search can typically be conducted with the Probate Registry website to see whether an application for probate has commenced. Once the Court has issued a grant of probate, The Will of the deceased will be attached to it, and these documents are then made public. From here, an enquiry can be made with the Probate Registry to view the Will.
In NSW, It may be possible to apply directly to the Supreme Court for a certified or sealed copy of a grant of probate with the Will in some exceptional circumstances. This is referred to as an application for an exemplification of a grand or Will. To see whether you qualify for the application, you should discuss this matter with an experienced Wills and Estates lawyer.
Importance of Seeking Legal Advice
When discussing matters such as ‘when is a will read in Australia?’ it is essential to note if you are unsure of your rights and entitlements to the estate of a loved one, you should contact an experienced Wills and estates lawyer. From here, you can discuss your particular circumstances, and they can provide advice that is best suited for your situation.
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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