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NSW Brother Won't Let Me See Mum's Will

Discussion in 'Wills and Estate Planning Law Forum' started by perry, 28 February 2015.

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  1. perry

    perry Member

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    What can I do if my brother won't let me see my mum's will? She passed away 2 years now.
     
  2. Tim W

    Tim W Lawyer

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    Has there been a Grant of Probate?

    By way of background, have read of this
     
  3. bluetongue

    bluetongue Well-Known Member

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    Contact your brother by mail requesting the document citing the Act below, or preferrably engage a solicitor to obtain the Will for you. If you believe you have an entitlement that was not distributed to you, act with haste through the Supreme Court if your brother does not provide you with your benefits under the Will, or by way of a family provision claim. If this is the case, then i suggest engaging a solicitor familiar with wills and Estates.
    A good source of information is at http://www.legalanswers.sl.nsw.gov.au/guides/law_handbook/pdf/Ch43_wills_estates_funerals.pdf

    Refer to Section 54 of the Succession Act NSW (http://www5.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s54.html)
    Persons entitled to inspect will of deceased person
    54 Persons entitled to inspect will of deceased person
    A person who has possession or control of a will of a deceased person must allow any one or more of the following persons to inspect or be given copies of the will (at their own expense):
    (a) any person named or referred to in the will, whether as a beneficiary or not,
    (b) any person named or referred to in an earlier will as a beneficiary of the deceased person,
    (c) the surviving spouse, de facto partner (whether of the same or the opposite sex) or issue of the deceased person,
    (d) a parent or guardian of the deceased person,
    (e) any person who would be entitled to a share of the estate of the deceased person if the deceased person had died intestate,
    (f) any parent or guardian of a minor referred to in the will or who would be entitled to a share of the estate of the testator if the testator had died intestate,
    (g) any person (including a creditor) who has or may have a claim at law or in equity against the estate of the deceased person,
    (h) any person committed with the management of the deceased person’s estate under the NSW Trustee and Guardian Act 2009 immediately before the death of the deceased person,
    (i) any attorney under an enduring power of attorney made by the deceased person,
    (j) any person belonging to a class of persons prescribed by the regulations.Note : “De facto partner” is defined in section 21C of the Interpretation Act 1987 .

    A person who has possession or control of a will of a deceased person must produce it in a court if the court requires the person to do so.
     
    Sophea likes this.

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