Who Is Allowed Copies Of Your Will

Who Is Allowed Copies Of Your Will

When a person has died, you would be forgiven for thinking there is a round table 'reading of the Will' as is often seen in movies. This is not the case. When a loved one has died, it is up to the Executors to contact the lawyers and obtain a copy of the Will and then inform the beneficiaries and family members of the contents of said Will.

It is not uncommon for the Executor of the Will to be asked by family members and other people to see a copy of the Will. In Victoria, under section 50 of the Wills Act 1997 the following people are entitled to a copy of the Will when the Will maker has died:

  1. Any person named or referred in the Will. Whether they are a beneficiary or not.
  2. Any person named or referred to in any earlier Will as a beneficiary.
  3. Any spouse of the Will maker at the date of the Will makers death.
  4. Any domestic partner of the Will maker.
  5. Any parent, guardian or children of the Will maker.
  6. Any person who would be entitled to a share of the estate if the Will maker had died without a Will.
  7. Any person or guardian of a minor referred to in the Will or who would be entitled to a share of the estate of the Will maker if the Will maker had died without a Will; and
  8. Any creditor or other person who has a claim at law or in equity against the estate or the Will maker and who produces evidence of that claim.
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