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 person named in the will;
- A beneficiary named in the will (including prior wills);
- The surviving spouse or de facto partner of the deceased;
- A parent or guardian of the deceased;
- 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);
- A parent or guardian of a minor referred to in the will;
- Any person (including a creditor) who has a claim on the estate of the deceased;
- 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
- 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:
- Ascertaining whether you’ve been included or left out of a deceased person’s will;
- 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
- 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.
Written by Aimee Collantes – Wills & Estates/Probate Solicitor