Wills and Estates
When a person passes away, their will becomes a crucial document that outlines how their estate should be distributed. However, there is often confusion surrounding who is legally permitted to read the will after a loved one’s death. In New South Wales, there are a number of people entitled to view a deceased’s will.
1. The Executor
The executor is the person appointed in the will to manage the deceased’s estate. Upon the death of the testator (the person who made the will), the executor is responsible for locating the will and ensuring that it is administered according to the testator’s wishes. The executor has the legal right to read the will and is also required to ensure its contents are properly executed.
2. Beneficiaries
Beneficiaries named in the will have a legal right to read the document. This includes individuals or entities that are explicitly mentioned to receive assets, properties, or specific bequests. It’s important for beneficiaries to understand their entitlements and the provisions laid out in the will. However, until the will is probated (formally accepted by the court), there may be limitations on the information they can access.
3. Potential Beneficiaries and Interested Parties
Individuals who believe they might have a claim to the estate may also seek to read the will. Under the Succession Act 2006 (NSW), certain individuals have standing to contest a will, which can include children, spouses, or de facto partners. While they do not have an automatic right to read the will, they may request a copy of the will if they can demonstrate a legitimate interest.
4. Legal Representatives
Solicitors and legal representatives acting on behalf of beneficiaries or potential claimants can also read the will, provided they have the necessary authority to do so. This is often the case when beneficiaries are unsure of their rights or when there are disputes regarding the estate.
Limitations on Access
While executors and beneficiaries have clear rights to read the will, others may face restrictions. For instance, friends, distant relatives, or anyone not mentioned in the will typically do not have a right to access its contents without permission from the executor or the court.
What happens once Probate is granted?
Once probate is granted, the will becomes a public document, and anyone can request a copy from the Supreme Court of NSW, provided a fee is paid. This ensures transparency in the administration of the estate, allowing any interested parties to understand the distribution of assets.
Conclusion
In summary, in NSW, the right to read a will is primarily reserved for the executor and beneficiaries. Other interested parties may have to seek permission or demonstrate a legitimate interest in order to access the document.
Understanding these rights is crucial for ensuring that the deceased’s wishes are honoured and that all parties are informed of their entitlements. If you have further questions about wills and estates, consulting with a legal professional can provide clarity and guidance tailored to your situation.
For any inquiries or assistance regarding wills and estate matters, feel free to reach out to Dormer Stanhope Lawyers. Our experienced team is here to help you navigate the complexities of estate planning and administration.