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Are you wondering who can inspect a Will when someone passes away?



When someone passes away, it is only natural for family members to wonder who may be entitled to a specific gift or legacy under their will.

What is not commonly known is who is entitled to inspect the will of the deceased after they have passed away.


Entitled persons to inspect a Will


In New South Wales, Section 54 of the Succession Act 2006 (NSW) (“the Act”) directs who is entitled to inspect the will of a deceased person. Entitled persons include the following:

(a) A person named in the will;

(b) A beneficiary named in the will (including prior wills);

(c) The surviving spouse or de facto partner of the deceased;

(d) A parent or guardian of the deceased;

(e) A person who would otherwise be entitled to a share of the deceased’s estate if the deceased died intestate (i.e. died without a will);

(f) A parent or guardian of a minor referred to in the will;

(g) Any person (including a creditor) who has a claim on the estate of the deceased;

(h) Any person who managed the estate of the deceased immediately prior to the deceased’s death under the NSW Trustee and Guardian Act 2009 (NSW); and

(i) An attorney under an enduring power of attorney made by the deceased who was appointed immediately prior to the deceased’s death.


What are the benefits of inspecting a Will?


The benefits of inspecting a will include:

1. Ascertaining whether you’ve been included or left out of a deceased person’s will;

2. Determining whether or not you’ve been adequately provided for under the deceased person’s will if you are a named beneficiary under their will; and

3. Considering your options of challenging the will of the deceased if you have been excluded or haven’t been adequately provided for under their will.


If a close family member has passed away and you are uncertain as to whether you have been named as a beneficiary under their will, it may be beneficial to request a copy of their will, provided you qualify as an entitled person under Section 54 of the Act. Reach out to us for more information.

Are you experiencing Estrangement in your Family? Are you wondering whether an Estranged Child Make a Claim on your Estate?




In New South Wales, Section 57 of the Succession Act 2006 (NSW) (“the Act”) allows certain eligible people to make a Family Provision Claim if they believe they were inadequately provided for under a deceased person`s will.


Who is an eligible person to make Family Provision Claim in NSW?

Eligible persons to make a family provision claim in NSW include:

(a) The spouse or de facto partner of the deceased;

(b) A child of the deceased;

(c) A former spouse the deceased;

(d) A grandchild of the deceased who was wholly or partly dependent on the deceased;

(e) A person in a close personal relationship with the deceased at the time of death.

Family Provision Claims in NSW: Eligibility and Estrangement

Pursuant to Section 57(1)(c) of the Act, a child is considered an eligible person for family provision. In determining whether a child who was estranged from the Deceased is eligible for provision, the court considers the following:

1. The size and nature of the deceased’s estate;

2. The child’s financial needs and personal circumstances, including their health, income and other dependents;

3. The cause and context of the estrangement and the role each party may have played;

4. The deceased’s moral obligation towards the estranged child, particularly if the child faces significant financial need; and

5. Competing claims from other beneficiaries, including other children, spouses or dependents of the deceased.


If you’re considering a family provision claim as an estranged child, or worried about someone making a claim on your Estate it’s essential to seek legal advice. Our solicitors at Willis & Bowring can assess the strength of your claim, help gather relevant evidence, and provide guidance on how the court is likely to view your circumstances.

Our Trivia night at Gymea Tradies was a huge success! We’re thrilled to announce that we raised an incredible amount of money for a great cause. A special thank you to everyone involved!

#TriviaNight #CommunitySpirit #ShireCommunity #SutherlandShire #FunWithPurpose #GivingBack

FREE Legal Seminar 📢

We will be hosting a FREE Lgal Seminar on Thursday, 21st November, at the Engadine Community Centre! Whether you`re seeking to protect your family’s future, manage your property, navigate complex business matters or manage a breakdown of your relationship, we are here to help you.

This is a chance for you to have all of your questions answered by our experienced solicitors! We’re here to provide clarity and guidance on important areas of law that affect all of us.

For this Seminar, the areas we will focus on are: Family Law, Property Law, Wills, Estates & Probate and Commercial Law.

Spread the word, bring your questions! We can`t wait to see you there. 🤝

#WillisandBowring #Free #LegalSeminar #FamilyLaw #PropertyLaw #WillsAndEstates #CommercialLaw #CommunitySupport #SutherlandShire #LegalSupport

Our Practice Manager and Head of People & Wellbeing, Rebecca Walker, is about to begin a new role — CEO of Nappies and Sleepless Nights! 👶✨

As she prepares to welcome her second little one, we are all very excited for her and her family, and can`t wait for baby cuddles. Rebecca, your leadership, endless energy, and knack for keeping us all in line (while keeping us laughing) will be sorely missed.

We’ll do our best to behave, but we all know that things might get a bit interesting while you’re gone! 😅 Wishing you all the best, Rebecca — enjoy those baby cuddles, and we can’t wait to see you back in action (and probably bringing in some extra coffee for those sleepless nights 😉).

Good luck, Bec– we can’t wait to welcome you back and hear all your new “management strategies” inspired by toddler negotiations and nap schedules! 💼💪

(Before she dashes off to the world of nappies and night feeds, Bec will be in the office today and Thursday—so if you need her, move faster than a toddler who`s spotted a snack! 🏃‍♀️💨)

🎉 Get ready for an incredible night of trivia, fun, and fundraising!

You’ve all heard about the trivia night we’re hosting to raise funds for the Sutherland Shire Netball Association, but we are beyond excited to reveal some amazing prizes we’ve secured from our generous sponsors! 🤩

Here`s a sneak peek at what you could win:

Discovery Perfume Set from Who is Elijah
Photography Session Voucher from Sophie B Photography
90-Minute Facial & Massage Voucher from Waterlily Massage and Beauty
2 Bulldogs Training Gear Sets
Signed Bulldogs Indigenous Jersey
$200 Voucher from Chiltons Antiques
Signed Cronulla Sharks Hat
1 Overnight Stay at Quest Woolooware
Unlimited Access to Any Show for 3 Months at The Brass Monkey 🎤🎸
If you haven’t secured your tickets yet, now’s the time! 🎟️ Get them here: https://www.trybooking.com/CUXCW

We can’t wait to see you for what promises to be a night of fun, excitement, and community spirit. Let’s make it a night to remember! 🎉

🎉🏅 Ben and Kaitlin had the pleasure of attending the Sutherland Shire Netball Association Presentation Night on behalf of Willis & Bowring Solicitors. They were thrilled to present the Willis & Bowring Award for Junior Representative Outstanding Sportsmanship to the incredibly deserving Matilda! 👏✨

A huge congratulations to Matilda and all the amazing athletes who were recognized during the evening! 🌟 Your dedication, teamwork, and sportsmanship are truly inspiring.

We are thrilled to announce that our incredible Managing Partner, Pamela, has officially become a Nationally Accredited Mediator (AIFLAM)! 🥳

Pamela has dedicated her career to Family Law since 2004 and is an Accredited Specialist in this field. Her extensive experience and unwavering commitment to helping families navigate complex issues make this achievement even more significant.

As a mediator, she will play a crucial role in facilitating communication and negotiation between parties in conflict, guiding them toward amicable resolutions without the need for lengthy litigation. This new accreditation enhances our firm’s capability to provide comprehensive and compassionate legal support to our clients, particularly in Family Law.

Pamela`s ability to foster understanding among clients is just one reason we are beyond proud to have her lead our team. Congratulations, Pamela! Your hard work inspires us all, and we can’t wait to see the positive impact you’ll make as a mediator!