Understanding the Right to Inspect the Will of a Deceased Person under the Succession Act 2006
The Succession Act 2006 governs various aspects of estate planning and administration in New South Wales.
One important provision in this legislation is Section 54, which outlines the rights of individuals to inspect the will of a deceased person.
What is a Will?
Section 54 clarifies that the term “will” encompasses various forms, including revoked wills, documents purporting to be wills, parts of wills, and even copies of wills.
This broad definition ensures that individuals have access to all relevant testamentary documents.
Entitlement to Inspection or Copies
Under Section 54(2) of the Succession Act 2006, the following individuals have the right to inspect or be given copies of a deceased person’s will, at their own expense:
- Beneficiaries Named in the Will: This includes any person specifically mentioned or referred to as a beneficiary, regardless of the nature of their entitlement.
- Beneficiaries Named in Earlier Wills: Individuals who were beneficiaries in any earlier wills of the deceased person also have the right to inspect the will.
- Surviving Spouse, De Facto Partner: The surviving spouse or de facto partner of the deceased person, as well as the deceased person’s children or descendants, are entitled to inspect the will.
- Parents or Guardians: Parents or guardians of the deceased person have the right to inspect the will, ensuring their interests are protected.
- Intestate Succession Rights: Individuals who would be entitled to a share of the deceased person’s estate if they had died intestate (without a valid will) are also allowed to inspect the will.
- Parents or Guardians of Minors: Any parent or guardian of a minor referred to in the will, or who would be entitled to a share of the estate if the deceased person had died intestate, can access the will.
- Creditors and Potential Claimants: Persons who have or may have a legal or equitable claim against the estate of the deceased, including creditors, are entitled to inspect the will.
- Estate Managers: Individuals entrusted with the management of the deceased person’s estate under the NSW Trustee and Guardian Act 2009 prior to the death have the right to access the will.
- Attorneys Under Enduring Power of Attorney: Attorneys appointed under an enduring power of attorney by the deceased person may inspect the will, and
- Any person belonging to a class of persons prescribed by the regulations.
Court Obligation
Section 54(3) provides if a court requires a person who possesses or controls the deceased person’s will, they must produce it.
The Takeaway
Section 54 ensures that various individuals with a legitimate interest in a deceased person’s estate have the right to inspect or obtain copies of the will.
Understanding these rights is vital for beneficiaries, family members, estate managers, and creditors involved in the probate and administration process.
By upholding the principles of transparency and accessibility, the legislation aims to facilitate fair and accurate administration of the deceased person’s estate.
Please note that this article is provided for informational purposes only and should not be considered legal advice.
Legal matters can be complex, and it is essential to consult a qualified legal professional for guidance on specific cases.
What to do next
Contact our Wills & Estate Planning Lawyers in Sydney CBD
Call Richard McDonald of McDonald Law on (02) 8824 4736 or 0411 460 034 or email us for an appointment at [email protected]. Our wills and estate planning lawyers in Sydney CBD will be able to assist you, provide honest feedback, and give you practical options.