Who has a right to see a Will in Victoria?
Our People:
Right to see the Will in Victoria
On a person deceasing, if they have made a Will, it is not a public document. It only becomes a document on the public record once it has been probated via the Supreme Court Probate Registry. It is not uncommon in blended families, or those who are not close, for a person who has possession and control of the deceased's Will not to allow some family members to see it. If that occurs - what are your rights?
Who has a right to see a Will in Victoria?
Section 50 of the Wills Act 1997 gives some people a right to see the Will or any earlier Wills or Testamentary Writings and to take a copy at their expense. These people include:
- Any person named or referred to in the Will, whether as a beneficiary or not;
- Any person named or referred to in any earlier Will as a beneficiary;
- Any spouse of the Will maker at the date of the Will maker's death;
- Any domestic partner of the Will maker;
- Any parent, guardian or children of the Will maker;
- Any person who would be entitled to a share of the estate if the Will maker had died without a Will;
- 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
- 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.
What if your request to see the Will is denied?
The person who has possession and control of the Will, any revoked Will or any purported Will must allow the entitled person to inspect and make copies of the Testamentary Writings. There is no discretion. If necessary, an application can be made to the Court compelling compliance.
Get advice from our expert Will lawyers
We can assist to ensure you get a copy of the Will in a timely way.
If you are not named in the Will or your entitlement is less than what is adequate you may be eligible to claim provision or further provision in contesting the Will.
We offer free phone/first consultation advice and act "no win no fee".
Our Wills and Estate lawyers Andrew O'Bryan and Carl Wilson are available to review your situation and provide clear, easy to follow advice and take action to advance your interests.
We are located in Melbourne, Dandenong and Pakenham.
Andrew O'Bryan
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533 I M 0400 469 704
E aobryan@galballyobryan.com.au
Carl Wilson
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E cwilson@galballyobryan.com.au
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E cwilson@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E nglavic@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au