Getting to see the will of a deceased person can sometimes be a problem.
Section54 of the Succession Act is designed to overcome that problem.
The Succession Act 2006 was amended in March 2008. It deals with the Wills section of the existing Wills Probate and Administration Act 1898 and is the first stage of a reform in New South Wales called the “Uniform Succession Laws Project”. The Project aims to introduce common laws in Australia concerning wills, testate and intestate successions, administration of estates and what we know as “Family Provision Act” applications (there is more information on this Act on this website).
Section 54 of the Succession Act applies to wills (wherever made) if the testator dies after 1 March 2008. A person who has possession or control of a will of a person who dies after 1 March 2008 must allow any one or more of the following persons to inspect or be given copies of the will (at their own expense):
- any person named or referred to in the will whether as a beneficiary or not;
- any person named or referred to in an earlier will as a beneficiary of the deceased person;
- the surviving spouse, de facto partner (whether of the same or the opposite sex) or issue of the deceased person;
- a parent or guardian of the deceased person;
- any person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate – that is without having made a will;
- any parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate;
- any person (including a creditor) who has or may have a claim at law or in equity against the estate of the deceased person;
- any person committed with the management of the deceased person’s estate under the Protected Estates Act 1983 immediately before the death of the deceased person;
- any attorney under an enduring power of attorney made by the deceased person; or
- any person belonging to a class of persons prescribed by the regulations – the current regulations do not yet prescribe any class of persons.
If you have a question about a will or about your rights (or obligations) or about the way in which an estate is being administered, phone Dominic Wilson, a Partner of this firm on 8268 4000.